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Migration and Free Movement in Ghana
Implementing the ECOWAS Protocol on Free Movement of Persons,
Residence and Establishment
By
The West Africa Civil Society Institute (WACSI)
2
About WACSI
The West Africa Civil Society Institute (WACSI) was created by the Open Society Initiative
for West Africa (OSIWA) to reinforce the capacities of civil society in the region. The
Institute was established to bridge the institutional and operational gaps within civil society.
Vision: To strengthen civil society organisations as strategic partners for the promotion of
democracy, good governance and national development in the sub region.
Mission: The objective of the Institute is to strengthen the institutional and technical
capacities of CSOs in the formulation of policies, the implementation and promotion of
democratic values and principles in West Africa. The role of the WACSI is to serve as a
resource centre for training, research, experience sharing and political dialogue for CSOs in
West Africa. The Institute makes its plea through policy dialogue to discuss current issues
affecting West African States. Reference documents are regularly published by the Institute
and distributed to political leaders.
Website: www.wacsi.org
About WACSOF
The West African Civil Society Forum (WACSOF) is an institutionalised platform of civil
society organisations and networks from across the West African sub region with diverse
backgrounds and experiences in human rights, peace and security, democracy and good
governance, education, trade and commerce, health, and gender equality amongst others. This
platform provides civil society in the sub region an official corridor of dialogue and
engagement with both national authorities in West Africa and the sub regional organisation,
the Economic Community of West African States (ECOWAS).
The aims and objectives of WACSOF include broadly, the pursuit and promotion of
continuous dialogue and engagement between civil society organisations in the sub region,
ECOWAS and national authorities on vital issues that affect the citizenry, and to support the
process of political and socio-economic development and integration of the sub region. In
doing so, WACSOF seeks to promote and improve human security, peace, unity and stability
in the sub region.
Website: www.wacsof.net
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List of Acronyms
AU African Union
AVRR Assisted Voluntary Return and Reintegration
CEPS Customs, Excise and Preventive Service
CET Common External Tariff
CHRI Common Wealth Human Rights Initiative
CSOs Civil Society Organisations
DFID UK‘s Department for International Development
EC European Commission
ECOWAS Economic Community of West African States
EU European Union
GDP Gross Domestic Product
GHS Ghana Health Service
GIS Ghana Immigration Service
GLSS Ghana Living Standards Survey
ILO International Labour Organisation
IMF International Monetary Fund
IOM International Organization for Migration
MPFA Migration Policy Framework for Africa
NADMO National Disaster Management Organisation
NHIS National Health Insurance Scheme
OSIWA Open Society Initiative for West Africa
RECs Regional Economic Communities
UK United Kingdom
UN United Nations
UNHCR United Nations High Commission for Refugees
USA United States of America
USCR United States Committee for Refugees
WACSI West Africa Civil Society Institute
WACSOF West Africa Civil Society Forum
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Table of Contents
Country Profile ............................................................................................................................................ 6
Executive Summary .................................................................................................................................... 8
I. Background ......................................................................................................................................... 13
Statement of Problem ............................................................................................................................ 15
Purpose of the Study ............................................................................................................................. 15
Research Questions ............................................................................................................................... 16
Design and Methodology ....................................................................................................................... 16
II. Introduction ......................................................................................................................................... 17
Concepts, Definitions and Theories ........................................................................................................ 17
Migration Theories .................................................................................................................................. 19
Free Movement ........................................................................................................................................ 22
III. Migration in Ghana ............................................................................................................................ 24
3.1 Emigration from Ghana .................................................................................................................... 25
3.2 Causes and Determinants of Emigration from Ghana....................................................................... 27
3.3 Number of Ghanaian Emigrants and their Destinations ................................................................... 28
3.4 Categories of Ghanaian Emigrants ................................................................................................... 32
3.5 Illegal Migration, Human Trafficking and smuggling in Ghana ...................................................... 32
3.6 Migration and Brain Drain in Ghana ................................................................................................ 34
3.7 Migrant Remittances ......................................................................................................................... 37
3.8 Returned Migrants ............................................................................................................................ 38
3.9 Immigration in Ghana ....................................................................................................................... 39
3.10 Types of immigrants in Ghana ........................................................................................................ 40
3.11 National Instruments on Migration ................................................................................................. 42
IV. International and Regional Frameworks on Migration and Free Movement ............................... 43
4.1 United Nations Instruments .............................................................................................................. 43
4.2 African Union Instruments on Migration and Free Movement ........................................................ 45
4.3 Regional (ECOWAS) Instruments .................................................................................................... 46
V. Enforcement of the ECOWAS Protocol on Free Movement of Persons, Residence and
Establishment in Ghana ..................................................................................................................... 50
A. Enforcement of the Right to Entry .................................................................................................... 51
B. Enforcement of Right to Residence .................................................................................................. 59
C. Enforcement of the Right to Establishment ...................................................................................... 61
Conclusion and Recommendations .......................................................................................................... 63
Photo Gallery ............................................................................................................................................. 66
References .................................................................................................................................................. 67
List of Institutions Working on Migration in Ghana ............................................................................. 69
5
Map of Ghana
Source: Ghana Net - www.ghananet.com
6
Country Profile
Ghana is located in West Africa along the Gulf of Guinea. It is bordered to the north by
Burkina Faso to the east by the Republic of Togo and to the West by Cote d‘Ivoire. The total
land area of the country is 238,538 square kilometres (92,100 square miles); the southern
coast line is 554 kilometres (334 miles) wide and the distance from the south to the north is
840 kilometres (522 miles).
Historically, the area of present day Ghana has been occupied for at least twelve millennia;
the first place of human habitation was on the banks of the River Oti in about 10,000 BC,
followed by the area around Lake Bosumtwi in about 8,000 BC and on the Accra plains in
about 4,000 BC.
The territory was named the Gold Coast as a result of its richness in Gold. Portuguese
explorers came in contact with the Gold coast in 1471. The enormous mineral wealth of the
territory was a big attraction to many Europeans. The French, the British, the Dutch and other
European nations followed the Portuguese to the Gold Coast. All these nations built forts,
lodges and castles along the Coastal areas of the territory to establish their presence and to
participate in the gold trade.
British colonial rule was established in the territory after the Berlin Conference of 1884 –
1885. Under colonial rule, the Gold Coast witnessed economic, social, political and
infrastructural development. Economically, cash crop farming and mining was encouraged.
Socially, the prosperity in the cocoa and mining sectors necessitated the development of
communication infrastructure. For instance, between 1898 and 1901 the mining town of
Tarkwa was linked by a 41-mile railroad to Sekondi.
Education occupied an important place in the colonial administration of the Goal Coast. In
1952, the territory lunched a free primary education programme for children aged between 6
and 12 years. New teacher training colleges and secondary schools were established and the
government co-operated with Nigeria, the Gambia and Sierra Leone to establish the West
African Examinations Council to organise and administer examinations in these countries.
Ghana achieved its independence on March 6, 1957 and became a republic in 1960. In its
fifty-two years of independence, the population of the country has grown to 23.9 million
inhabitants (UN 2008). During the same period, the country has witnessed four military
coups. The first military coup in 1966 led to the overthrow of the country‘s first president
(Kwame Nkrumah) from power.
Administratively, the country operates a presidential system of government. Ghana is
partitioned into ten (10) regions comprising of one hundred and thirty-eight (138) districts.
The set up creates channels for the implementation of national policies at local level.
Ghana is predominantly an agricultural country. Agriculture employs more than half of the
population on a formal and informal basis; accounting for almost half of the country‘s GDP
and export earnings.1 Recently, the government initiated various programmes to diversify and
improve upon the agriculture sector as manifested in its economic priorities.
1 La Verle Berry, ed.(1994) Ghana: A Country Study. Washington: GPO for the Library of Congress.
7
The government‘s economic priorities since 2003 have focused on four basic areas –
microeconomic stability, growth and employment, poverty alleviation and human resource
development. Ghana‘s Poverty Reduction Strategy (GPRS) 2003-2005, harmonised Ghana‘s
development policies and strategies. The programme, which is now in its second phase (2006
– 2009) is aimed at reducing poverty, attaining sustainable and equitable growth, and
protecting excluded and vulnerable groups through decentralised democratic frameworks.
With regards to migration, the emigration of Ghanaians to other parts of West Africa and the
world at large has continued for decades. It is estimated that there are some three million
Ghanaians living out of the country2. A third of them are believed to be in Europe and North
America. Remuneration in the public sector has been low with workers not being able to
meet-up with the fiscal challenges brought about by inflation. The private sector has not been
able to offer sufficient opportunities to the nation‘s jobseekers. All these have led to the
continuous emigration of Ghanaian human resources, including skilled and unskilled
workers, students, and women.
In the wake of increasing emigration from Ghana, brain drain and irregular migration has
emerged as crucial challenges. Thousands of young Ghanaians wising to leave the country in
search of better opportunities in Europe have embarked on irregular migration. This has left
many young people frustrated between home and Europe. Further, stories abound on the
brain drain of skilled workers as one of the negative consequences of migration on the
development of the Ghanaian economy. For example, thousands of highly skilled Ghanaian
workers, especially those working in the medical field, have migrated to Europe and North
America though the nation is in need of their services for its sustainable development.
The above notwithstanding, Ghana is equally an immigration destination. Annually,
thousands of immigrants from West Africa and other parts of the world enter the country.
Among other factors, the relative peace that has been reigning in the country as opposed to
other parts of West Africa has led to a high inflow of migrants from various nations of the
sub region. The ECOWAS protocol on free movement of persons, residence and
establishment has also facilitated the movement of community citizens into Ghana.
Specifically, this protocol calls for the free movement of West African citizens among
member states and call on ECOWAS member states to grant west African migrants the right
of entry, of residence and of establishment in their national territories. In effect, the protocol
seeks to create a borderless West Africa were community citizens can freely move and
interact for the common good of the sub region and its peoples.
In Ghana just like in other West Africa countries, the ECOWAS protocol is yet to be
implemented in full. Community citizens still face many challenges at all levels of the
enforcement of the protocol. Though there is some headway in the enforcement of the right to
entry, there are a variety of stumbling blocks to the enforcement of the right to residence and
establishment.
2 “About 3 Million Ghanaians Live Abroad”. Diasporan News, 16 September 2004.
http://www.ghanaweb.com
8
Executive Summary
Over the past few years, migration has become a major double-edged global problem, which
on the one hand, severely affects or is threatening to strain international relations, human
rights‘ norms and economies of nation-states, and, on the other, is causing psycho-cultural
destructive effects on peoples and countries. The scale, scope and dimension of the many
problems it precipitates leave no country unaffected, whether as exist points or transit routes
and as final destinations, though some countries and regions feel the impact more than others.
Yet, historically, cross border movement for trade, commerce, the spread of Islam or
Christianity, agriculture, pastoral activities and for voluntary settlement have always occurred
among people and regions of the world, more specifically in West Africa. But, the intensity
and desperation characterising the contemporary form of migration, especially to Europe and
America since the 1990s, along with the adverse conditions encountered in the process and
the itineraries used are the factors making the current trans-border movement a global issue
of serious concern. Observably, particularly in the West African sub region, the depth of the
problem has assumed critical dimensions owing to the high risk factors and attendant
consequences – overt and distinguished – coupled with the often reported human fatality and
tragedies characterising West Africa / Europe migration. Other attendant developments of
enormous proportions are compounding the basic problems.
Mindful of the complexities and the multifaceted nature of migration, the Open Society
Initiative for West Africa (OSIWA) has been examining and engaging the subject with a view
of generating ideas, knowledge and effective methods of meeting the dynamics surrounding
the subject within the West African sub region. Critical core issues emerging from these
engagements include the established interconnectedness between migration and the free flow
of people in the ECOWAS member states and the need to examine this nexus in order to
favour regular migration and free movement.
Besides, it had been observed that migration has serious impacts on socio-economic
development; national and regional governmental policies; sub regional integration ideas;
and, bi-lateral and multi-party engagement within the diplomatic space. Therefore, there is a
need for a concerted, coherent and collaborative response in the management approach to
mitigate identified challenges.
For the above to happen, there is a need for a stock taking exercise that will assess the
existence of policies as well as their level of enforcement in ECOWAS member countries.
Towards this end, a planning meeting was held from July 11 – 12, 2008 in Dakar, Senegal,
that brought together a select group of partners to share experiences and articulate ways of
promoting the free migration and free movement of persons, goods and services in the sub
region. This was followed by a stakeholders‘ conference on migration held in Dakar from
September 4-5, 2008. Deliberations at the conference revealed new perspectives on tackling
the challenges of migration and free movement in the sub region.
In the light of different perspectives that informed dialogue on the core issues of migration
and free movement, the West African Civil Society Forum (WACSOF) as part of the
coalition, ―OSIWA and partners‖, was mandated to conduct a research on the status of
implementation of the ECOWAS protocol on Free Movement of Persons, Residence and
Establishment, and the levels of migration and deportation in West Africa.
9
The scope of the research was limited to six West African countries, namely; Cote d‘Ivoire,
Ghana, Mali, Mauritania, Nigeria and Senegal. With regards to Ghana, the West Africa Civil
Society Institute (WACSI) was contracted by WACSOF to conduct the study.
The specific objectives of the research were:
To collect data on the levels of migration and deportation in Ghana;
Provide facts and figures on migration for adequate policy referencing;
Assess the status of the level of implementation and enforcement of the ECOWAS
protocol on free movement of persons, residence and establishment;
Identify challenges to the full implementation of the protocol;
Identify best and worse practices in the enforcement of the protocol; and
To recommend strategies to attain full implementation of the protocol.
The findings of each of these questions are summarised below:
What are the levels of migration and deportation from Ghana?
Ghana is both an emigration and an immigration destination. Push and pull factors largely
account for the trends and volumes of migrants that move into and out of the Country. The
study found out that a sizeable amount of the population are made up of migrants or people
that have migrated at some point in their lives. In terms of internal movement or migration,
rural-to-rural and urban-to-urban forms of migrations dominate most of Ghana‘s internal
migration. Available data portrays that in the last decade; about fifty percent (50%) of the
population were either internal migrants or return migrants.
With reference to international migration, Ghana is a sending and a receiving country for
different categories of international migrants. In terms of emigration, that is, the movement of
Ghanaians out of the country, the study found out that the history of international emigration
from Ghana has been classified in to four categories, namely; a period of minimal emigration,
a period of initial emigration, a period of large scale emigration and a period of
diasporisation.
The above mentioned classification posits that the levels of emigration in Ghana have
increased since independence. Prior to independence, the country witnessed a relatively
minimum level of emigration. The period of initial emigration was brought about as a result
of the economic recession that hit the country in the mid 1960s. Large scale emigration was
introduced by worsening economic conditions in the early 1980. This led to the mass
migration of millions of unskilled and semi skilled Ghanaians across the continent, especially
within West and Southern Africa.
The most recent phase of emigration in Ghana or what has been described as diasporisation is
mostly concerned with the movement of large numbers of highly skilled Ghanaians to the
United States of America, Canada, the United Kingdom and other European countries. The
study noticed that a sector of the Ghanaian labour market that had been seriously affected by
this new trend in migration is the medical core. It is estimated that there are more Ghanaians
10
medical doctors working outside the country that those present in the country. The research is
rich in data on the high trends of emigration of medical professions from the country.
With regards to immigration, the study observed that Ghana is an attractive destination for
many migrants, especially, West Africans. For instance, in 2006, the total number of
immigrants in the country were estimated at 614, 000, representing 2.78 percent of the total
population of 22, 113, 000. In terms of gender representation, Ghana immigration services
reported that out of the 614, 000 immigrants that resided in the country in 2006, 46 percent
were females while 42 percent were minors.
West Africans account for the highest number of immigrants in the country. This high level
of West Africa presence is historic from colonial times when many neighbouring West
African citizens immigrated to Ghana for employment in the gold field and in the cocoa
farms. In recent years, the formation of ECOWAS has greatly contributed in increasing the
levels of movements from other West African countries to Ghana.
Factors such as the relative peace that reigns in the country, stable electricity supply,
employment and business opportunities were identified as some of the reasons why people
migrate to Ghana.
Refugees constitute an important portion of the immigrant community in Ghana. Most of
these refugees are from other ECOWAS member states such as Cote d‘Ivoire, Liberia, Sierra
Leone and Togo. For instance, it was observed that following the civil wars that ravaged
Liberia, more than 48, 000 refugees and asylum seekers from Liberia were present in Ghana
by the end of 2003. Further, the study realised that in 2006, Ghana Immigration Service
counted 48,063 refugees, representing 0.22 percent of the country‘s population.
In terms of deportation, the study noticed cases of deportation of West Africans from Ghana.
For instance, in connection to a sit-in protest that was organised by female refugees of the
Buduburam camp, Accra, close to forty (40) Liberian refugees were repatriated from the
country in 2008. Other instances of deportation captured in the research include the return of
some Ghanaians who try to use illegal routes to travel to Europe.
What is the status of enforcement of the ECOWAS protocol on free movement of persons,
residence and establishment?
The study examined the enforcement of the three phases of the protocol-the right of entry, the
right of residence and the right of establishment in Ghana. Aflao (a border town between
Ghana and Togo) was used as a case study to assess the level of awareness and
implementation of the right of entry.
Following the study at Aflao the research found out that thirty percent (30%) of those
sampled knew about protocol; all those sampled (100) affirmed their right of entry into other
member states; thirty percent (30%) knew all the ECOWAS required travel documents; and,
fifty percent (50%) knew they have a right to reside in any other member state.
The findings indicate that though most community citizens may know the name-ECOWAS,
there is a general lack of awareness on its activities and decisions. Also, there is a low level
of awareness among travellers on the requisite travel documents.
11
Further, it was noticed that there are some training programmes for specialised law
enforcement departments, especially within the Ghana Immigration Service. However, there
is a need to broaden these trainings to include all immigration officials, particularly, those at
border posts in order for such trainings to have a positive impact on the right of entry.
With regards to the right of residence, the study noticed that Ghana is yet to attain the full
enforcement of this right. Firstly, community citizens are required to obtain a residence
permit in order to reside in the country. Staying in the country without a resident permit
renders the community citizen illegal and there is a penalty to that effect. Further, the study
noticed that though Ghana is required under the ECOWAS protocol to grant community
citizens the right of residence, many citizens have been denied this right as observed in the
case of the Liberian refugees.
The enforcement of the right to establishment also faces some challenges. There are no
special conditions under Ghanaian laws on the right of establishment for community citizens
in the country. As with other nationals, any community citizen willing to work in the country
must obtain a work permit from Ghana Immigration Service. Clearly, there are requirements
for obtaining a work permit which are pointers to the fact that the government favours its
nationals over community citizens. Further, there are disparities in the requirements to set up
businesses in the country by Ghanaians and other community citizens. All these create
enormous challenges in the enforcement of the right to establishment.
What are the challenges to the full implementation of the protocol?
The study identified some limitations to the full implementation of the protocol. Some of
these obstacles include:
The lack of awareness on the protocol among community citizens and law
enforcement officials;
Bribery and corruption;
Communication challenges between border users and law enforcement officials;
Problems of multiple currencies and convertibility;
Challenges linked to the centralisation and cost of acquiring a national passport;
Problems posed by human trafficking and smuggling;
Challenges in connection with the usage of unauthorised travel routes;
Lack of harmonisation of national laws with ECOWAS provisions;
The absence of an independent structure to complain about non compliance in the
enforcement of the protocol
What good practices exist in the enforcement of the protocol?
The following good practices were noticed in the enforcement of the protocol:
The abolition of entry visas for ECOWAS nationals;
The adoption of the ECOWAS travel certificate by the government of Ghana;
The operationalisation of the ECOWAS Brown Card scheme;
The training of Ghanaian immigration officials on the ECOWAS Protocol;
The creation of an anti-human trafficking unit within the Ghana immigration service;
Steps taken by the Customs, Excise and Preventive Service (CEPS) aimed at
combating corruption at the border; and
The hosting of meetings and seminars aimed at addressing the issue of border
harassment.
12
How can the protocol be fully enforced in Ghana?
On the basis of the findings and challenges identified in the course of this study, some
recommendations are proffered with the aim of fostering multi-layered collaboration in
promoting the free movement of persons, goods and services between Ghana and the sub
region. Also, these recommendations are aimed at eradicating irregular migration and the
phenomenon of brain drain.
These recommendations include:
A call on ECOWAS to support the government of Ghana and civil society in all their
efforts to raise awareness on the protocol;
The need for ECOWAS to establish a mechanism through which community citizens
can seek for redress in the event of non compliance to the protocol;
A call for collaboration among ECOWAS, the government of Ghana and civil society
in the design of a monitoring framework to gauge on annual basis, progress in the
implementation of all phases of the protocol;
A call on the government of Ghana to simplify the process of acquiring work permits
and resident permits for community citizens;
The need for the government to set the same standards for Ghanaians and community
citizens who wish to engage in income generating activities;
The need for the government of Ghana to decentralise the process of acquiring
national passports and rendering their acquisition less expensive;
The need for a multi-stakeholder approach to promote free movement and the fight
against human trafficking;
13
I. Background
All countries are points of origin, transit or final destination for different types of migrants.
Among other factors, global migration is determined by social, economical, political, and
cultural disparities in regional development. These factors are critical in making the decision
to migrate as most migratory movements are motivated by anticipated social, political and
economic gains in the destination environment. Due to the universal nature of migration, the
Global Commission on International Migration (2005) emphasizes that migration should be
an integral part of national, regional and global strategies for economic growth.
Development in Africa has been greatly influenced by a history of migratory movements. For
centuries, its people have moved across the continent at different times and for various
reasons. Early migrants were predominantly nomads, seasonal migrants, trans-Saharan
traders and raiders. Nomads moved from place to place in search of pasture for their herds.
Seasonally, farm labourers migrated for farming as the seasons alternated. These movements
have continued till date but in most cases, they are limited to national boundaries and have
greatly reduced in scale. Business migrants were mostly trans-Saharan traders from the
southern and northern parts of the continent involved in various businesses across the Sahara
desert. Meanwhile, raiders were mostly religious fanatics and powerful kingdoms who raided
different parts of the continent for the spread of religion and to expand their territories.
Most of the above mentioned migratory movements of seasonal migrants, trans-Saharan
traders and raiders were limited in time and confined to West Africa.3 Over time, migration
has become a way of life in West Africa. During the colonial era, the main type of migration
was forced migration for compulsory labour. This gradually gave way to the movement of
contract labourers. By the time forced migration was abolished, migration had already
become a habit for many young men. From then on, migration was mostly dominated by
unskilled job seekers who wandered voluntarily within the sub region in search of jobs.4
Prior to colonisation, the states that make up today‘s West Africa were in most cases,
collections of linguistic and cultural groups in the form of large empires and small kingdoms.
Movements among these empires and kingdoms were mostly temporal and seasonal.
Colonisation reshaped the motivation and nature of migration by introducing and enforcing
various blends of political and economic structures, and by establishing national boundaries.
Administrative restrictions were introduced to regulate movements across newly created
boundaries. In many instances, these restrictions failed to take account of social, economic
and cultural problems created by partitioning and demarcating the sub region. For instance,
families, friends and peoples of the same linguistic, social and cultural background were
separated by artificial frontiers.
In spite of these new creations and administrative restrictions, West Africans have continued
to migrate beyond national borders. For example, policies on compulsory recruitment and
forced labour were instituted by the colonial administration to stimulate regional labour
3OSIWA (2008) Irregular Migration in West Africa, Case Studies on Ghana, Mali, Mauritania and Senegal
4 See J.K Anarfi, (1995) Historical Perspective of Migration within the ECOWAS sub-region
14
migration from Mali, Togo and Upper Volta (Burkina Faso) to work on roads, plantations and
mines in the Gold Coast and Ivory Coast.5
The causes and pattern of migration in the sub region changed in the 1960s following the
attainment of independence by most West African States. The first two decades after their
independence was marked by challenges brought about by droughts in the 1970s and
economic crises in the 1980s. As a result of these developments, poverty, hardship and
decreasing living standards became widespread, thus encouraging waves of national and
international migration of West African skilled and unskilled workers.
Following the crises of the 1980s, the migration of West African women both in and out of
the sub region has gained prominence. Migration is used by many women as a strategy to
gain income. Female migration has become a major survival strategy in response to
deepening poverty in the sub-region. The rise in the volume of female migrants is gradual
leading to a change in sex roles. For example, some professional women migrants from
Nigeria, Senegal and Ghana are the ones catering for their spouses and children.6
Over time, the increase in the volume of migration within and out of the sub region has
created some challenges. Irregular migration, human trafficking, and smuggling are key
among these challenges. Irregular migration has been on the rise with many West Africans
using hazardous means and routes to enter Europe. Most irregular migrants from the sub
region travel for thousands of kilometres in canoes across the Atlantic Ocean or use risky
land routes through the Algerian desert to leave the continent. For instance, in 2006, more
than 31,0007 irregular migrants from sub-Saharan Africa arrived on the Canary Island in
Spain on board makeshift boats.
Trafficking in the sub region has been on the rise. Children from Togo, Nigeria and Mali are
transported illegally to Cote d‘Ivoire‘s plantation and to serve as domestic servants in Gabon.
Women from Ghana, Nigeria, Mali, and Sierra Leone are trafficked out of the sub region for
exploitation as sex workers in the European Union. Trafficking in girls is rampant in what has
been described as the ―Triangle of Shame‖ - the Niger/Chad/Nigeria border. 8
With regards to smuggling, many migrants involved in the trading of contraband products
attempt to use unauthorised travel routes to enter other member states. Also, many countries
in the sub region have been affected by the activities of drug traffickers who use the sub
region as a transit route or a hub for the transportation of illegal drugs.
Mindful of the above background and challenges, there is growing recognition in the sub
region that migration is an inevitable component of the social, economic and political life of
every member state, and that properly managed migration would be mutually beneficial for
community citizens and member states. Arguably, this explains why the main sub regional
economic group (ECOWAS) has been at the forefront of efforts aimed at promoting the free
movement of community citizens, their residence and establishment within the sub region.
5 Aderanti Adepujo (2005) Migration in West Africa. A paper prepared for the Policy Analysis and Research
Programme of the Global Commission on International Migration 6 Ibid
77 OSIWA (2008)
8 Ibid
15
The authorities of ECOWAS Head of States and Governments have instituted a number of
instruments geared at easing migration and free movement within the sub region. For
instance, the treaty of Lagos creating ECOWAS as amended by the July 1993 revised
ECOWAS treaty provide in its article 59 that ―Citizens of the community shall have the right
of entry, residence and establishment and member states undertake to recognise these rights
of community citizens in their territories ...‖
The intension to promote migration and free movement in the sub region is firmly established
in the ECOWAS Protocol on Free Movement of Persons, Residence and Establishment9.
However, in Ghana just like in other member states, community citizens are yet to benefit
from the full implementation of this Protocol.
Statement of Problem
The main problems that necessitated this work are those related to the negative consequences
of migration in Ghana and the poor enforcement of the ECOWAS protocol on free movement
of persons, residence and establishment.
Challenges related to migration include human trafficking, irregular migration and brain
drain. With regards to human trafficking, Ghana is a source, transit and destination country.
Hundreds of children and women are trafficked illegal in and out of Ghana to other parts of
the sub region and the world at large. For instance, cases have been reported of children
trafficked to fishing communities for forced labour in the fish industry and of women
trafficked for prostitution and to work as domestic servants.
Irregular migration and brain drain are further challenges. Some Ghanaians who are not
satisfied with their living conditions in the country have opted to travel out of the country to
search for ‗greener pastures‘. While most highly skilled migrants use legal channels to leave
the country, irregular migrants go through unimaginable risks on land and in the seas.
Unfortunately, a good number of those who attempt such trips end up in jails, are repatriated
or simply perish.
With regards to the ECOWAS protocol, community citizens face critical challenges due to
the ad hoc enforcement of the right to entry, residence and establishment in Ghana. West
Africans are still to reap the full benefits of the right to entry as enshrined in the protocol.
There are unsavoury delays caused by law enforcement officials at land borders. Further,
community citizens face challenges resulting from the demanding requirements to reside and
engage in income generating activities in the country.
Purpose of the Study
The purpose of this study was to conduct an exploratory research geared at:
1. Understanding the nature of migration in Ghana;
2. Ascertaining the level of understanding on the ECOWAS protocol on free movement,
residence and establishment by migrants and law enforcement officials;
3. Identifying challenges to the full implementation of the Protocol; and
4. Proposing recommendations for relevant stakeholders on improving upon the
enforcement of the protocol.
9 See ECOWAS protocol A/P.1/5/79 relating to Free Movement of Persons, Residence and Establishment
16
Research Questions
In order to respond to the purpose of this study and to proffer some recommendations to the
above stated problems, this work is developed around the following questions:
1. What are the causes of immigration and emigration in Ghana?
2. What is the volume and category of West African immigrants to Ghana?
3. How informed are immigrants / law enforcement agents about the protocol?
4. What are the challenges faced by immigrants/ law enforcement agents?
5. How can the challenges faced by migrants and law enforcement agents be overcome?
6. What recommendations do community citizens and law enforcement agents have for
relevant stakeholders.
Design and Methodology
An exploratory and analytical approach was adopted for this study. International, sub
regional and national frameworks on free movement and migration were explored. Data
collected from primary and secondary sources were analysed to determine the nature of
migration and the level of implementation of the ECOWAS protocols on the free
movement of persons, residence and establishment in Ghana.
Primary and Secondary Data Collection
Primary data was sourced from relevant institutions and actors working on migration in
Ghana. Information from these sources are referenced as footnotes. Semi-structured
questions were administered to different stakeholders involved with migration in Ghana.
Where necessary, additional questions were asked to clear any ambiguities.
A multi-pronged approach was employed in the collection of secondary data. Earlier
research work and publications relevant to the theme were consulted for background
information. An extensive desk research was conducted to gather data on migration and
free movement in Ghana.
Data Analysis
Data analysis involved three major tasks. The first was to determine the volume and
category of West African immigrants entering Ghana. The second was to analyse the
level of awareness among community citizens on the ECOWAS protocols on free
movement, residence and establishment. The third was to identify challenges to the full
implementation of the Protocol.
Delimitations and Limitations
Aflao (the border settlement between Ghana and Togo) was used as a case study in
determining the level of awareness on the protocol among migrants. Deductive logic was
applied to the findings at Aflao to arrive at generalisations and recommendations.
There were two main limiting conditions to this study. The first involved delays in
getting facts and figures from relevant organisations and governmental departments. The
second involved the unwillingness on the part of relevant stakeholders to release
information on migration, deportations and refugee situations in Ghana.
17
II. Introduction
Concepts, Definitions and Theories
Migration is a global challenge. It is one of the defining global issues of the twenty-first
century as more people are on the move today than at any other time in human history. There
are about one hundred and ninety two (192) million people living outside their place of birth,
which is about three percent of the world's population.10 The increasing number of migrants
on the global scale and the challenges resulting from migration highlight the need to carefully
examine migration, its related concepts and theories.
What is migration?
Migration involves the study of people who move for different reasons across different
spaces. Human migration has been defined as the movement of people from one place to
another. Migration also means the crossing of the boundary of a political or administrative
unit for a certain minimum period of time. Those who migrate are referred to as migrants.
In broad terms, two main types of migration have been identified – internal and international
migration.
Internal migration refers to a change of residence within national boundaries, such as
between states, provinces, cities, or municipalities. Internal migration is designated as out-
migration by the sending area and as in-migration by the receiving country.
International migration involves movement from one country to another or changes in
residence over national borders. An international migrant is someone who moves to a
different country. International migrants are designated as emigrants from the sending
country and as immigrant by the receiving country.
Based on the intention of the migrant and the cause of movement, migration could be
categorised as voluntary or forced. Voluntary migration occurs when migrants chose to
displace themselves while forced migration occurs when migrants are compelled to displace
themselves as a result of human or physical challenges.
Who is a Migrant?
There are different views on the usage of the term. A migrant can be a person who moves to
another city or town within a nation; a refugee who crosses an international border to escape
religious or political persecution; a jobseeker who moves to another country for better
economic opportunities; a slave who is forcibly moved; or a person displaced by war or
natural disaster.11
A migrant can also be "any person who lives temporarily or permanently in a country where
he or she was not born, and has acquired some significant social ties to this country."12
This
definition is narrow because a person may be considered as a migrant by some states even
when she or he is born in that country.
10
International Organization for Migration (IOM), 2008
Available online at http://www.iom.int 11
Types of Migration, Theories of Migration, Migration And The Family, Migration And The Global Economy,
(2009) Available online at http://family.jrank.org/pages/1173/Migration.html 12
Migration and Integration - some basic concepts
18
According to the Special Rapporteur of the Commission on Human Rights, the following
persons are considered as migrants:
(a) Persons who are outside the territory of the State of which they are nationals or citizens,
are not subject to its legal protection and are in the territory of another State;
(b) Persons who do not enjoy the general legal recognition of rights which is inherent in the
granting by the host State of the status of refugee, naturalised person or of similar status;
(c) Persons who do not enjoy either general or legal protection of their fundamental rights by
virtue of diplomatic agreements, visas or other agreements.13
The above definition of migrants reflects the current difficulty in distinguishing between
people who leave their countries because of political persecution, conflicts, economic
problems, environmental degradation or a combination of these reasons and those who do so
in search of conditions of survival or well-being that does not exist in their place of origin.
Another definition is that provided by the United Nations Convention on the Rights of
Migrants. A migrant worker is defined as a "person who is to be engaged, is engaged or has
been engaged in a remunerated activity in a State of which he or she is not a national."
The dominant types of migrants can be distinguished according to the motives or legal status
of those concerned. In international migration, migrants can be grouped into the following
categories:
Temporary labour migrants (also known as guest workers or overseas contract
workers): These are people who migrate for a limited period of time in order to take
up employment for a specific duration.
Highly skilled migrants: these are people with qualifications as managers, executives,
professionals and technicians, who move across national borders for work with
international corporations and organisations or other institutions in need of their skills.
Business migrants: These are people who travel internationally for commercial
purposes.
Irregular migrants (or undocumented migrants): These are people who enter a
country, usually in search of employment or better living conditions without the
necessary legal documents and permits.
Forced migrants: This refers to situations where people are obliged to move due to
natural or human made disasters. Such natural disasters could be floods while human
made disasters will include wars and genocides.
Refugee Migrants: A refugee migrant is a person who, ‘owning to well-founded fear
of being persecuted for reasons of race, religion, nationality, membership of a
13
Gabriela Rodríguez Pizarro, Special Rapporteur of the Commission on Human rights in A/57/292, Human
rights of migrants, Note by the Secretary-General. August 9, 2002.
19
particular social group or political opinion, is outside the country of his nationality
and is unable or, owning to such fear, is unwilling to avail himself of the protection of
that country; or who not having a nationality and being outside the country of his
former habitual residence as a result of such events, is unable or, owing to such fear,
is unwilling to return to it.’
Family reunion (family reunification migrants): This involves people who move for
the purpose of joining family members who are legal migrants in other countries.
Return migrants: This refers to people who return to their home countries following a
period of stay or migration in another country.
Migration Theories
Different theories have been advanced by demographers and other social scientists to explain
why people migrate. The most prominent of these theories on which most theories on
migration have been developed is Ernest Ravenstein‘s push-pull theory and his ten ―Laws of
Migration‖ (1885).
The theory postulates that all migratory movements are governed by push-pull factors.
According to this theory, migration is a result of push forces at the place of origin and pull
forces at the place of destination. Examples of push forces are famine, war and poverty.
Meanwhile, examples of pull forces are availability of food, peace, jobs and wealth in the
migration destination. Based on the assumptions that undesirable conditions in one place such
as poor economic conditions will ‗push‘ out migrants while better condition in another place
will ‗pull‘ in migrants, Ravenstein formulated the following ten laws on migration:
Most migration is over a short distance.
Migration occurs in steps.
Long-range migrants usually move to urban areas.
Each migration produces a movement in the opposite direction (although not
necessarily of the same volume).
Rural dwellers are more migratory than urban dwellers.
Within their own countries, females are more migratory than males, but males are
more migratory over long distances.
Most migrants are adults.
Large towns grow more by migration than by natural increase.
Migration increases with economic development.
Migration is mostly due to economic causes.
20
Many theorists have followed in Ravenstein's footsteps, and the dominant theories in
contemporary scholarship are more or less variations of his conclusions.
In 1966, Everett Lee reformulated Ravenstein's theory by placing more emphasis on internal
(or push) factors. Lee also outlined the impact that intervening obstacles have on the
migration process. He argued that variables such as distance, physical and political barriers,
and having dependents can impede or even prevent migration. According to Lee, the
migration process is selective because differences in age, gender, and social class affect how
people respond to push-pull factors, and these conditions also shape their ability to overcome
intervening obstacles. Furthermore, personal factors such as a person's education, knowledge
of a potential receiver population and family ties can facilitate or retard migration.14
Several theories have been developed to elucidate international patterns of migration, but
these too are variants of the push-pull theory.
The neoclassical economic (human capital) theory15
suggests that international migration is
related to the global supply and demand for labour. Nations with scarce labour supply and
high demand will have high wages that pull immigrants in from nations with surplus of
labour.
The segmented labour-market theory16
argues that first world economies are structured so as
to require a certain level of immigration. This theory suggests that developed economies are
dualistic. This means that they have a primary market of secured and well-remunerated work,
and a secondary market of low-wage work. Segmented labour-market theory argues that
immigrants are recruited to fill those jobs that are necessary for the overall economy to
function but are avoided by the native-born population because of the poor working
conditions associated with the secondary labour market.
According to the world-systems theory17
, international migration is a by-product of global
capitalism. Contemporary patterns of international migration tend to be from peripheral
locations (poor nations) to the core (rich nations) because factors associated with industrial
advancement in the first world created structural economic problems, and thus push factors,
in third world countries.
Due to the cultural, linguistic, and the economic variegations of Africa, some accepted
theories of migration reveal the need for the development of models that distinguish between
developed and developing countries. A number of explanatory models have been developed
aimed at explaining internal and international migration in undeveloped countries. These
models include those of Todaro Michael, Derek Byerlee and Akin Mabogunje.
Todaro Michael's model18
is a modification of the neoclassical economic theory of migration.
The theory posits that migration is the consequence of individual cost-benefit calculation.
The theory affirms that migration is based on rational economic calculations and argues that
the decision of the individual to migrate is usually a response to rural-urban differentials in
14
Migration – Theories of Migration
Available online at http://family.jrank.org/pages/1170/Migration-Theories-Migration.html 15
See Sjaastad 1962 and Todaro 1969 16
See Piore 1979 17
See Sassen 1988 18
Todaro Michael P. (1976) Internal Migration in Developing Countries. Geneva: International Labour Office.
21
expected rather than actual income earnings. This model assumes that the potential migrant
selects a location that maximizes expected gains from migration. This model emphasizes that
migrants base their decision to move on rational calculation of differences in expected
earnings between their location and their migration destination.
Derek Byerlee adopts a cost-benefit economic model19
in which he considers migration as the
outcome of a cost-return calculation. The theory posits that the decision to migrate will be
made when the perceived returns of migration exceed the perceived costs. The model goes
beyond the conventional cost-return analysis of the neoclassical economic (human capital)
approach as it includes elements of the social system. It also explicitly identifies determinants
of rural and urban incomes and introduces risks and other psychic costs into the migration
decision-making process.
Akin Mabogunje's model20
is an adaptation of the world systems model. Mabogunje asserts
that rural-urban migration in Africa is controlled by systematic interrelationships of rural-
urban control systems, rural-urban adjustment mechanisms, and the positive or negative flow
of information about migration. The model identifies the push and the pull sides of migration.
Local economic conditions that affect the pool of migrants constitute the push side. The size
of this pool is affected by social practices, customs, community organisation, and inheritance
laws in the sending community. Wage rates and job opportunities emanating from the urban
system constitute the pull side of migration, and these determine whether individuals in the
pool of potential migrants would migrate.
These three approaches have made significant contributions to a conceptual understanding of
the migration process in Africa. Todaro's model provides a good explanation for labour
migration in Africa, as it recognises the unequal and uneven distribution of economic and
social development between regions of the same country and among countries as a primary
determinant of migration. The strength of Mabogunje's approach lies in its macrosystem
emphasis, given its recognition of the economic, cultural, and social relationships between
rural and urban areas.
One element of migration that has assumed increasing importance in recent years is the large-
scale international migration of skilled persons from Africa to relatively more developed
regions of the world. Most economists are agreed that although some degree of mobility is
necessary if developing countries are to integrate into the global economy, large-scale losses
of skilled workers are detrimental to developing countries and pose the threat of a brain drain.
Neoclassical models of economic development hold that brain drain has adverse effects on
the development of the sending country; slowing down the growth rates and adversely
affecting those who remain. Consequently, poverty and inequality are likely to increase.
Further, the endogenous growth theory predicts that emigration of highly skilled workers
reduces economic growth rates.
19
Byerlee, D., 1974. Rural-urban migration in Africa: theory, policy and research implications. Int. Migrat. Rev.
8 (3), 543-. 566. 20
Mabogunje, A.L. 1970. ―Systems approach to a theory of rural-urban migration.‖ Geographical Analysis,
Vol.1, No. 2, pp. 1–18.
22
Contrary to the above theories on emigration and slowness in growth rates, some theorists
posit that sending countries actually benefit from the migration of their highly skilled
workers. It is argued that the possibility of emigrating to higher-wage countries may stimulate
individuals to pursue higher education in anticipation of migrating to secure better-paid work
abroad. The consequence will be the development of a large pool of better-trained human
capital in the sending country. The implication is that there may be an "optimal level of
emigration" or a "beneficial brain drain."21
Free Movement
The free movement and circulation of persons, goods and services is a topical issue in the
contemporary world. At the global level, free movement has been described as a major
characteristic of globalisation22
. Increasingly, countries and groups are realising that the free
movement of persons and goods is mutually beneficial to their populations and the world at
large. This is partly why many regional groups such as the European Union (EU) and
ECOWAS have passed laws aimed at promoting the free movement of good and persons
within their respective spaces.
For example, In the case of the EU, the free movement for workers is laid down in article 39
of the European Community (EC) Treaty and it entails:
The right to look for a job in another Member state;
The right to work in another Member state;
The right to reside there for that purpose;
The right to remain there; and
The right to equal treatment in respect of access to employment, working conditions
and all other advantages which could help to facilitate the worker's integration in the
host Member state.
With regards to ECOWAS, the promotion of free movement of persons, goods and services is
enshrined in the treaty creating the organisation as a sine qua nun for achieving its aims.
―ECOWAS was created with the aim of promoting cooperation and integration in West Africa
in order to raise the living standards of its peoples, and to maintain and enhance economic
stability, foster relations among Member states and contribute to the progress and
development of the African Continent.‖23
Among other measures identified as necessary for achieving the above aims, article 3(2) of
the ECOWAS Revised Treaty provides that the community shall ensure the removal, between
Member states of all obstacles to the free movement of persons, goods, services and capital,
and to the right of residence and establishment.24
21
http://science.jrank.org/pages/10220/Migration-Africa-Explaining-African-Migration.html 22
Brynjar Lia (2005) Globalisation and the Future of Terrorism; Patterns and Predictions 23
See article 3(1) of the ECOWAS Revised Treaty of July 24, 1993 24
See article 3(2)(d)(iii)
23
Concerning the free movement of goods, the ECOWAS Trade Liberalisation Scheme (TLS)
was introduced in January 1991 to facilitate the free movement of goods and persons in the
sub region. This scheme establishes a customs union among the member states of the
Community. The union aims to completely eliminate customs duties and taxes, non-tariff
barriers, and to establish a Common External Tariff (CET) among member states of the sub
region vis-á-vis third parties.
The TLS calls for the free circulation of unprocessed goods and traditional handicraft
products not subject to any quantitative or administrative restrictions among member states.
In order to qualify for exemption as described above, such unprocessed goods and traditional
handicraft products must satisfy the following conditions:
Originate in Member states;
Appear on the list of products annexed to the decisions liberalising trade in such
products; and
Be accompanied by a certificate of origin and an ECOWAS export declaration.
The TLS also calls for trade liberation in industrial products through the removal of non-tariff
barriers to the importation of such goods between member states. In order to benefit from the
scheme, such industrial products must:
Far from the above, free movement remains a challenge to the integration process in West
Africa. Community citizens face numerous challenges, particularly at the frontiers where the
processing of documents is extremely cumbersome and fraught with harassments,
intimidation and extortion. Also, there are a lot of unauthorised checkpoints and road blocks
on the highway. All of these stand in the way of free movement of persons, especially with
regards to free movement of goods.
Though ECOWAS member states have signed the protocol to abolished tariffs with regards
to goods that are substantially produced in any member state that are being exported within
the sub region, there are still many non-tariff barriers and arbitrariness. Customs officials,
immigration and security agents still retard free movement within the sub region.25
25
Ibn Chambas, Interview with All Africa, January 19, 2009.
Available online at http://allafrica.com/stories/200901191085.html
24
III. Migration in Ghana
Research on migration in Ghana indicates that a sizable proportion of the population is made
up of migrants or people who have migrated at some point in their lives. For instance, in
1991/92, fifty-four percent (54%) of Ghana‘s population were migrants (that is, either in-
migrants or return-migrants), while in 1998/99, fifty percent (50%) of the population were in-
migrants or return migrants.26
Rural-to-rural and urban-to-rural forms of population movement dominate Ghana‘s internal
migration. For example, in 1991/92, 17.1 percent of Ghana‘s population were rural-to-rural
migrants and 15.5 percent were urban-to-rural migrants, whereas urban-to-urban and rural-to-
urban migrants constituted 12.4 percent and 4.9 percent, respectively. Similarly, in 1998/99,
urban-to-rural migrants accounted for 16.6 percent of the population, whilst rural-to-rural and
urban-to-urban migrants represented 14.4 percent and 10.9 percent of the population,
respectively.27
In terms of international migration, Ghana is a sending, transit and receiving country for
different categories of migrants. Ghanaians migrate to different parts of West Africa and the
world at large. In the same way, people from other parts of the globe and West Africa in
particular migrate to Ghana. Migration in Ghana involves different types of migrants. These
include skilled/unskilled migrants, business migrants, irregular migrants, return migrants as
well as refugees.
National, regional and international instruments have been adopted by Ghana to regulate
movements within, into and out of the country. These frameworks have greatly contributed in
positioning Ghana as a sending and receiving country for migrants in the ECOWAS zone.
Annually, thousands of migrants from the sub region move into and out of the country.
Figure 1 below represents the total number of West African citizen (excluding Ghanaians)
who entered Ghana from 1997 to 2007. Figure 1. Arrival of ECOWAS National in Ghana (1997 – 2007)
Year Arrivals
1997 66469
1998 132713
1999 136688
2000 175410
2001 202611
2002 220520
2003 122332
2004 151917
2005 131359
2006 129327
2007 164209 Source: Ghana Immigration
Service
26
Louis Boakye-Yiadom and Andrew McKay (2006) Migration Between Ghana‘s Rural and Urban Areas: The
Impact of Migrants Welfare, Department of Economics and International Development, University of Bath, UK 27
Ibid
25
According to Ghana immigration Service, Within the same time frame, West African
nationals plus Ghanaians accounted for fifty-nine percent (59%) of the total number of
departures from the country.
Figure 2 below shows the total number of West Africans (excluding Ghanaians) who left
Ghana from 1997 to 2007.
Figure 2. Departure of ECOWAS Nationals from Ghana (1997 – 2007)
Year
Arrivals
1997 60372
1998 104636
1999 83781
2000 180708
2001 143433
2002 145038
2003 63085
2004 78010
2005 78694
2006 123221
2007 159583
Source: Ghana Immigration
Service
3.1 Emigration from Ghana
The history of emigration from Ghana has been classified into four categories, namely, a
period of minimal emigration; a period of initial emigration; a period of large scale
emigration and a period of intensification and diasporisation of Ghanaians.
Prior to the late 1960s, Ghana enjoyed relative economic prosperity and was the destination
of many migrants from neighbouring West African countries. During this period,
international migration from Ghana involved a relatively small number of people - mostly
students and professionals migrating to the United Kingdom and other English-speaking
countries.
The period of initial emigration from Ghana started after 1965. From that period, Ghana
suffered from an economic recession of an unprecedented magnitude. This recession rendered
Ghana less attractive to both foreigners and nationals. Consequently, there was a decline in
the proportion of foreigners in Ghana from 12.3 percent in 1960 to 6.6 percent in 1970. This
trend was reinforced by the Aliens Compliance Order of 1970, whereby non-Ghanaians
without valid documents were expelled from the country.28 This move did not prevent
28
Anarfi, Kwanye et al. 2003
Departures
Departures
26
emigration. As the recession got worse, many Ghanaian professional lawyers and teachers
migrated for better opportunities in other countries like Nigeria.
The period of large-scale emigration began in the early 1980s when unskilled and semiskilled
Ghanaians emigrated out of the country in search of jobs in neighbouring West African
countries.29 During this period, unofficial figures put the average number of Ghanaians who
migrated into Nigeria at about 300 per day. By December 1980, about 150,000 Ghanaians
had registered with the Ghana High Commission in Lagos. 30
A succession of unsuccessful civilian and military regimes in the 1970s did not put an end to
the migration of Ghanaians. The formation of ECOWAS in 1975 expanded both temporary
and permanent migration opportunities for Ghanaians because one of the objectives of the
organisation was to facilitate freedom of movement, residence, and employment within the
community.
It is estimated that about two million Ghanaians emigrated between 1974 and 1981, mainly
from the south of the country. Another indication of the number of Ghanaians who travelled
outside is derived from the estimated number of Ghanaians among people deported from
Nigeria in 1983. It is estimated that of the two million people deported from Nigeria in 1983,
between 900,000 and 1.2 million were Ghanaians.
As a result of migration, the country has lost much of its trained personnel. For example in
the early 1980s, about 13 percent of the 163 paid up members of the Ghana Institute of
Architects had addresses in Nigeria. It was also estimated that during the same period, about
50 percent of the architects from Ghana‘s University of Science and Technology had
migrated to Nigeria. The 1975 census of Côte d‘Ivoire recorded over 42,000 Ghanaians in
that country. In 1986, the number of Ghanaians in Côte d‘Ivoire was estimated to be between
500,000 and 800,000.31
The most recent phase of the migration of Ghanaians is characterised by what has been
described as ―diasporisation‖. Ghana has been classified as one of the ten countries involved
in producing a ‗new diaspora‘ in recent times32. For instance, between 1990 and 2001 about
21,485 Ghanaians entered the UK. Meanwhile, from 1986 to 2001 49,703 Ghanaians
emigrated to the United States. By 2001, 104,000 Ghanaians were living in the US, whilst
114,335 were registered in Canada.33
Illegal migration is another aspect of emigration from Ghana. Economic hardship, inadequate
education, lack of skills, ignorance of the dangers involved in travelling through illegal routes
as well as the 1995 increase in restrictions on visa acquisition for most European countries
have increased the desire to migrate through illegal routes. For instance, according to the
Ghana Broadcasting Corporation, in 2008, more than 30,000 Ghanaians were stranded in
Libya seeking for means to cross the Mediterranean into Europe.34
The changing faces in
emigration and the recent growth in illegal migration calls for an examination of the
determinants of emigration from Ghana.
29
Anarfi 1982 30
Ibid 31
Anarfi, Awusabo-Asare et al.2000 32
Van Hear 1998 33
Anarfi, Kwankye et al. 2003 34
Ghana Broadcasting Corporation, (24/02/2008), available online at http://www.gbcghana.com
27
3.2 Causes and Determinants of Emigration from Ghana
Several factors are responsible for the movement of people out of Ghana. The option to
migrate is usually a response to a combination of economic, social, cultural and political
factors. The determinants of emigration from Ghana could be grouped into push and pull
factors.
The principal push factor is economic hardship. The lack of employment opportunities has
made it difficult for citizens to take care of themselves and their families. To solve this
problem, many Ghanaians have developed a strong zeal to migrate, especially to Europe and
the USA where they hope they will be able to attain economic prosperity.
The limited range of study options offered in Ghana has been another push factor responsible
for the emigration of Ghanaians. Most people who gain admission into colleges end up taking
courses they are accepted for and not necessarily those they wanted to pursue. As a result,
some Ghanaians have resolved to migrate out of the country in order to pursue their studies.
There are several pull factors that attract people from Ghana to other countries. Most of these
pull factors are positive attractions that are present in the external environments but lacking in
Ghana. Key among these factors is the availability of employment and business opportunities.
This is important because most emigrants are primarily labour migrants or business persons.
With regards to business migrants, a large proportion of Ghanaians business migrants move
predominantly within the West African sub region. This is partly because doing business in
the sub region is cheaper and more convenient than going to, America, Canada or Europe.
In terms of employment, many Ghanaians unskilled workers migrate principally within the
ECOWAS zone. Skilled workers travel for longer distances to Southern Africa, the EU,
Canada and America were their services will attract relatively higher remunerations than in
Ghana and in the West African sub region.
The availability of educational opportunities is another important factor that motivates
Ghanaians to migrate. Many Ghanaians face the challenge of getting the right educational
option because of limitations in the Ghanaian education system. The availability of these
desired options in other countries have acted as pull factors to many Ghanaian emigrants.
National and regional policies are another set of pull factors that has attracted Ghanaians to
other countries. At the sub regional level, the creation of ECOWAS and the signing of
treaties and relevant protocols by member states to promote free movement within the
ECOWAS zone have greatly contributed to the movement of Ghanaians in the sub region.
At the national level, countries such as the USA and Canada have policies that are attractive
to many Africans wishing to migrate. In the case of the USA, the Diversity Visa (DV) lottery
programme is a big incentive for migration to many Ghanaians because the winners of this
lottery are offered American citizenship and work permit for those who are of working age.
This lottery programme has created opportunities for the mass movement of Ghanaians to the
28
USA. For example, in 2008, there were 5,914 DV lottery winners from Ghana35
and in 2009,
Ghana had the highest number of African winners – 7,32236
Also, colonial, linguistic and cultural ties have played an important role in the emigration of
Ghanaians to certain countries. In particular, the large Ghanaian population in the UK and in
other English speaking countries is largely due the colonial, linguistic and cultural ties
between Ghana and those countries.
3.3 Number of Ghanaian Emigrants and their Destinations
According to Ghana Immigration Service, Ghanaian emigrants constituted thirty-four percent
(34%) of the total number of departures from the country between 1997 and 2007. Within the
same period, ECOWAS nationals accounted for twenty-five percent (25%) of total emigrants
from Ghana, while ―others‖ (persons who are not West African citizens) accounted for forty-
one percent (41%). This statistic reveals that there is a high percentage of Ghanaians leaving
the country.
Between 1996 and 2005, the Ghana Immigration Service (GIS) recorded the following
figures for Ghanaians leaving the country:
Table 1: Total Number of Departures from Ghana, 1996 – 2005
YEAR KIA
AAFLAO
E ELUBO
PAGA
O/POINTS
TOTAL
1996
195585
15000
73969
10279
294833
1997 209761 35445 74146 35777 355129
1998 354615 53997 68794 20860 498266
1999 266773 67188 65125 19817 418903
2000 293518 92234 73224 5038 13172 477186
2001 217198 75012 102597 5989 6976 407772
2002 329416 78512 71948 4884 7978 492738
2003 234030 30505 105639 8444 8859 387477
2004 246970 53368 57378 8821 10083 376620
2005 359573 25590 15014 3362 6503 410042
Source: Ghana Immigration Service, 2006, cited in Ghana Migration profile
From the above statistics and the ports of exist, it is clear that a majority of Ghanaian
immigrants are people who move within the sub region. Though most of these migratory
movements are within the ECOWAS space, it would appear that Ghanaians who are resident
in Europe, America and Canada are by far larger in number than those residing in ECOWAS
35
US Department of State, 13 August 2007, Visa Bulletin no. 110, Vol. VIII 36
US Department of State
Available online at http://travel.state.gov/visa/immigrants/types/types_4317.html
29
Member states. This is partly because most sub regional movements are short term and
temporal while most movements out of the sub region are long term, thus, requiring the
acquisition of residence.
Figure 3 below is a summary of the main countries in which Ghanaians were residing in the
year 2001.
Figure 3. Main Countries of Residence for Ghanaian Migrants, 2001
Source: Commission of the European Communities: Eurostat, Netherlands Interdisciplinary Demographic
Institute (NIDI). 2001. Push and Pull Factors Determining International Migration Flows, "Why and
Where: Motives and Destinations."
From figure 3 above, it is observed that, though Ghanaians continued to migrate to other
West African nations, greater numbers of migrants acquired residence out of the sub region.
The main destinations of Ghanaian migrants in the sub region continue to be Nigeria with a
total of ten percent (10%) of Ghanaian residence.
Europe has been the primary destination for most emigrants from Ghana. Ghanaians
represent the United Kingdom's largest migrant community. This could be explained by the
colonial relationship that exists between the two countries.
Ghanaian migrants in the UK have grown steadily over the past two decades. Results of the
2001 census of England and Wales identified 55,537 people who were born in Ghana. This
figure represented a 72 percent increase from an earlier census (1991) which identified
32,277 people born in Ghana. This growth can be attributed in part to steady growth in the
number of Ghanaians who received student visas, work permits, and refugee status
throughout the 1990s and into the new millennium.37
37
Micah Bump (March 2006) Ghana: Searching for Opportunities at Home and Abroad. Available online at:
http://www.migrationinformation.org/Profiles/display.cfm?ID=381
30
Also, the introduction of the National Health Service (NHS) Plan by the UK in 1998
increased the number of Ghanaian immigrants to the UK. As of May 2003, 2,468 Ghanaian
nurses had applied for the programme. In addition to the nurses, the Ghanaian Health Service
estimated that there were over 300 Ghanaian-trained doctors working in the UK as of 2003.38
Other destinations for Ghanaian immigrants in Europe include Germany, the Netherlands,
and Italy. Official German statistics state that Ghanaians represent the third-largest African
community in Germany. By the end of 2004, there were more than 20,000 Ghanaian passport
holders residing in Germany39
. Most of these Ghanaians arrived in Germany at a time when
Germany had relatively liberal conditions for asylum and job seekers. These conditions were
rendered rigorous and stricter by the German authority in 1993, leading to a drop in the
number of Ghanaian immigrants to the country.
Ghanaians migration to Italy was mainly in the 1980s during the period of political unrest. As
of January 2004, more than 3,600 Ghanaians were legally resident in Italy.
In the Netherlands, most Ghanaian migrants have informal status. Instability in Ghana and
Nigeria in the early part of the 1980s was among the top causes of migration by Ghanaians to
the Netherlands. According to Statistics Netherlands, the country was home to 18,000
Ghanaians in 2003. However, researchers indicate that a more reliable figure is
approximately 40,000, based on the number of Ghanaians residing in the Netherlands who
registered to vote for Ghana's presidential elections in 200040
.
The migration by Ghanaian to Canada began in the early 1980s and intensified through the
1990s. The first arrivals included professionals and asylum seekers. According to table 2
below, a total of 9, 608 Ghanaians migrants gained permanent residency in Canada between
1995 and 200441
.
Table 2. Number of Ghanaians Accepted for Permanent Residence in Canada, 1995 to
2005
1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 Total
1,446 1,163 1,247 1,028 812 1,003 789 716 568 836 9,608
Source: Citizenship and Immigration Canada, Available online at www.cic.org
Cited in Micah Bump (March 2006)
With regards to the United States, the volume of Ghanaians migrants has grown rapidly over
the years. Between 1990 and 2000, the population jumped from 20,889 to 65,570. Family
reunification and refugee resettlement are the factors driving this increase. Many believe
these figures to be undercounts, and nonofficial estimates reach as high as 300,000.42
The majority of the Ghanaian population in the United States is of working age, and
Ghanaian males slightly outnumbered their female counterparts in 2000. Table 3 below is an
analysis of the gender components of Ghanaian migrants to the United States as of 2000.
38
ibid 39
ibid 40
ibid 41
ibid 42
ibid
31
Table 3. Age and Sex Distribution of the Ghanaian-Born Population in the United
States, 2000
Sex and Age Number Percent
Total population 65,570 100
Male 36,985 56.41
Female 28,585 43.59
Under 5 years 660 1.01
5 to 9 years 1,250 1.91
10 to 14 years 2,265 3.45
15 to 19 years 3,270 4.99
20 to 24 years 4,885 7.45
25 to 34 years 16,680 25.44
35 to 44 years 19,765 30.14
45 to 54 years 12,100 18.45
55 to 59 years 2,330 3.55
60 to 64 years 1,340 2.04
65 to 74 years 740 1.13
75 to 84 years 220 0.34
85 years and over 75 0.11
Source: US Census Bureau, Census 2000 Special Tabulations (STP-159)
Table FBP-1 to 3.
Profile of Selected Demographic and Social Characteristics: 2000 — Ghana
Cited in Micah Bump (March 2006)
32
3.4 Categories of Ghanaian Emigrants
Migrants from Ghana to other parts of the world can broadly be categorised into refugee
migrants and labour migrants. Other categories are female migrants and illegal migrants.
Refugee migrants are mostly asylum seekers from Ghana in other countries. According to
UNHCR, there were some 97,536 Ghanaian asylum seekers in industrialised countries
between 1982 and 1991. The migration of Ghanaians to these countries especially in the
1980s was caused by political instability in the country. Further, it is estimated that of the
three million Ghanaians in the European Union in 2001, 15,644 were said to be refugees.
There are thousands of Ghanaian refugees in West Africa. A good portion of these refugees
are believed to be in Togo, Cote d‘Ivoire and other neighbouring countries. The United States
Committee for Refugees (USCR) indicated in 2004 that there were some 10,000 Ghanaian
refugees living in Togo as of the end of 2003. Further, some 11,000 Ghanaian refugees have
continued to live in Togo since 1994 following the clashes between ethnic communities in the
north of the country.43
With regards to labour emigrants, unskilled labourers migrate mainly within the sub region
while highly skilled workers migrate, in most cases, beyond the sub region. The main sector
that has been seriously affected by the migration of Ghanaian skilled professionals is the
health sector. No accurate records exist on the number of Ghanaian health workers who have
left the country and the numbers that exist are contradictory. In 2002 a memo from the
Director General of the Ghana Health Service (GHS) estimated that 1,200 Ghanaian doctors
were working in the United States of America (USA), 150 in South Africa and 50 in Canada.
Also, it is estimated that between 2003 and 2004, 1,689 Ghanaian nurses worked in the
United Kingdom and 141 worked in the USA.44
Research on female emigration in Ghana has identified the following groups on female
emigration – family reunion, commercial migration and highly skilled women migrants.
Family reunion has been the most common form of female emigration since colonial times.
This type of migration is common among women who move out of the country to live with
their spouses working abroad.
Female commercial emigrants are involved in the trading of various goods in sub regional
and international markets. Most of these women are involved in the trading of foodstuffs,
fabrics and basic household consumer items.
In terms of highly skilled migrants, the most affected sector is the medical sector. Nurses and
Doctors are the main categories of highly skilled migrants from Ghana. Most highly skilled
female migrants travel to the USA, Canada and the United Kingdom where the pay package
for workers in the health sector is considerable higher that what they obtain in Ghana.
3.5 Illegal Migration, Human Trafficking and smuggling in Ghana
Ghana is a source, transit and destination country for women and children trafficked for the
purpose of sexual exploitation and forced domestic and commercial labour. Many Ghanaian
children are trafficked from their home villages to work in fishing localities, cocoa
43
African Studies Center, University of Pennsylvania, available online at:
www.africa.edu/Newsletter/irin576.html 44
ibid
33
plantations and stone quarries. Some are trafficked to serve as domestic servants, street
vendors and porters. 45
In 2003, over one thousand (1000) children were living as slaves on the banks of Lake Volta
with local fishermen. The victims were mostly boys between the ages of five (5) and fourteen
(14). In 2005, dozens of slave children were discovered in "Accra Town", a fishing
settlement in the Volta region. Testimonies from this locality revealed that at least five (5)
children drowned in 2005 trying to release nets entangled in the bottom of the Lake Volta.46
At the sub regional level, children from Ghana are trafficked to Côte d‘Ivoire, Togo, Nigeria
and the Gambia for exploitation as labourers and domestic servants. For example, in 2004,
the Gambian immigration officials announced uncovered a child trafficking ring which was
bringing in teenagers into the country illegally. The trafficking also involved some 63
Ghanaian children, most of whom were girls who had been brought into the country for use
as ―sex slaves‖ and unpaid domestic servants.47
Internationally, Ghanaian women and girls are trafficked to Western Europe, particularly to
Germany, Italy and the Netherlands to engage in sex work.48 Also, hundreds of Ghanaians
who attempt to migrate to Europe illegally are trapped in the harsh conditions of the Sahara
desert and the high seas. A good number of Ghanaians irregular immigrants are reported to be
stranded en route to Europe in countries such as Morocco and Libya.
To curb the problems posed by irregular migration in Ghana, the government and other
institutions have developed programmes aimed at facilitating the return of migrants stranded
on their way to Europe. For example, the International Organization for Migration runs an
Assisted Voluntary Return and Reintegration (AVRR) programme aimed at the orderly,
humane and cost-effective return and reintegration of migrants who are unable or unwilling
to remain in host countries and wish to return voluntarily to their countries of origin.
Measures have also been taken by the government to educate the public on illegal migration
and trafficking of children. Specialised agencies like the Human Trafficking Desk of the
Ghana Immigration Services, the Ghana Child Labour Unit, the Department of Social
Welfare and the Women and Juvenile Unit of the Ghana Police Service have been organising
meetings, targeted outreach programmes and joint initiatives with the International Labour
Organisation (ILO) to build the capacities of victims of child trafficking in marketable skills.
In addition, the government adopted the Human Trafficking Bill in 2005. The government
has also been working with international organisations to overcome the problem of illegal
migration. In 2006, the government partnered with the International Organization for
Migration to facilitate the return of some 544 rescued trafficked children from the Volta
Region to their homes.
45
The United States office to Monitor and Combat Trafficking (USOMCT), 2006 46
All Africa Global Media (2009),
Available online at http://allafrica.com/photoessay/child_slaves/ 47
UN office for the coordination of Humanitarian Affairs,
Available online at http://www.irinnews.org/report.aspx?reportid=48765 48
Ibid
34
3.6 Migration and Brain Drain in Ghana
Mass emigration has depleted Ghana of much needed human capital. While skilled
professionals have been leaving Ghana since independence, the numbers have continued to
increase over the years. Emigration has led to brain drain in the health, education and other
professional sectors.
With regards to the health sector, many skilled Ghanaian medical professionals have
continued to live the country for better opportunities abroad. Table 4 below provides figures
on the number of skilled health professions who left the country between 1999 and 2004.
Table 4: Brain Drain of Health Worker, 1999 – 2004
Main Cadre 1999 2000 2001 2002 2003 2004* Total
Doctors 72 52 62 105 117 40 448
Pharmacists 49 24 58 84 95 30 340
Allied Health Workers 9 16 14 12 10 8 69
Nurses/Midwives 215 207 235 246 252 82 1237
*1st and 2
nd quarter of 2004
Source: Ministry of Health, Cited in Ghana Migration Profile.
It is estimated that there are more Ghanaian doctors working outside than there are in the
country. Also, it is believed that Ghana has lost about fifty percent of its professional nurses
to the USA, Canada and the UK. Between 1998 and 2003, the total number of Ghanaian
doctors seeking verification of their qualification in line with job search abroad was 3,087.
Table 5 below indicates the number of nurses who left Ghana or where planning to leave
Ghana during this period.
Table 5: Number of Nurses seeking Qualification Verification to Migrate (1998 - 2003)
Country of
Destination
Year of Seeking Verification
1998 1999 2000 2001 2002 2003 Total
USA
50
42
44
129 81
80
426
UK 97 265 646 738 405 317 2,468
Canada 12 13 26 46 33 10 140
S-Africa 9 4 3 2 6 - 24
Others 4 4 8 8 5 - 29
Source: Buchan and Dovlo, 2004, cited in Dovlo and Nyonator, 2005
35
From 1995 to 2002, there has been an increase in the percentage of Ghanaian health workers
migrating in search of better opportunities.
Table 6 shows the high percentages of Ghanaian-trained health care professionals who opted
to leave the country in search of work abroad from 1995 to 2002.
Table 6. Emigrating Ghanaian Health Workers as
Percentage of Those Trained That Year, 1995 to 2002
Profession 1995 1996 1997 1998 1999 2000 2001 2002 Total (1995-
2002)
GPs/Medical officers
Trained 93 104 84 85 113 84 67 72 702
Emigrated 56 68 59 58 68 50 60 68 487
% leaving 60.20% 5.40% 70.20% 68.20% 60.20% 59.50% 89.60% 94.40% 69.40%
Dentists
Trained 10 13 9 9 12 9 7 8 77
Emigrated 2 3 3 3 4 2 2 2 21
% leaving 20.00% 23.10% 33.30% 33.30% 33.30% 22.20% 28.60% 25.00% 27.30%
Pharmacists
Trained 67 65 80 120 120 120 120 120 812
Emigrated 29 27 35 53 49 24 58 77 352
% leaving 43.30% 41.50% 43.80% 44.20% 40.80% 20.00% 48.30% 64.20% 43.30%
Medical laboratory technologists/technicians
Trained 31 37 38 45 46 46 45 51 339
Emigrated 8 9 4 6 9 16 14 0 66
% leaving 25.80% 24.30% 10.50% 13.30% 19.60% 34.80% 31.10% 0.00% 19.50%
Environmental health specialists
Trained 0 0 1 0 0 0 0 0 1
Emigrated 0 0 0 0 1 0 0 0 1
% leaving Na Na 0.00% Na Na Na na Na 100.00%
Environmental health technologists/technicians
Trained 100 112 108 109 139 145 135 144 992
Emigrated 2 6 6 3 3 0 2 3 25
% leaving 2.00% 5.40% 5.60% 2.80% 2.20% 0.00% 1.50% 2.10% 2.50%
Nurses/midwives
Trained 975 911 868 814 1,073 1,037 1,124 1,074 7,876
Emigrated 195 182 174 161 215 207 205 214 1,553
% leaving 20.00% 20.00% 20.00% 19.80% 20.00% 20.00% 18.20% 19.90% 19.70%
Total
Trained 1,276 1,242 1,188 1,182 1,503 1,441 1,498 1,469 10,799
Emigrated 292 295 281 284 349 299 341 364 2,505
% leaving 22.90% 23.80% 23.70% 24.00% 23.20% 20.70% 22.80% 24.80% 23.20%
Source: Institute of Statistical, Social and Economic Research at the University of Ghana, 2003. State of the Ghana
Economy, Accra, Ghana.
Cited in Micah Bump (March 2006)
36
The brain drain of health personnel from Ghana has led to vacancies in the health sector.
Table 7 below provide estimates of shortages in work force within the health sector in 2002.
Table 7: Estimates of Vacancy Level in the Ghana Health Service, 2002
Staff Types
Current Status
Workable No.
Shortfall and %
Idea No.
Shortfall and %
Doctors
633
1,200
567
47.3 %
1,804
1,171
65%
Professional
Nurses
4,319
10,000
5,681
57%
13,340
9,021
68%
Pharmacists 161 280 119
42.5%
371 210
56.6%
Source: James Buchan and Delanyo Dovlo, International Recruitment of Health Workers to the UK: A Report
for DFID, February 2004 DFID Health Systems Resource.
Factors that have contributed to the departure of trained medical personnel from Ghana
include low salary and remuneration, poor long-term career prospects, and bleak prospects
for saving enough money for retirement. Meanwhile, demand for doctors and nurses keep
increasing in other parts of the world, especially in Europe, Canada and the USA.
In order to address these challenges and stem brain drain, the Ghanaian government has taken
some actions. Since 2000, the government has attempted to provide incentives to health care
professionals to stay in Ghana. For instance, the ―Additional Duty Hours Allowance‖
programme introduced in the medical sector paid doctors and nurses for hours worked above
their normal schedules.
Also, the government introduced a programme to procure cars for medical professional who
are members of the Ghana Medical Association. Shortcomings in these initiatives have
favoured the continuous migration of Ghanaian skilled medical professionals abroad.
With regards to the education sector, there are indications that there is a shortage of lecturers
in Ghana‘s higher educational institutions because many who migrated abroad have failed to
return home after their studies. For example, it is estimated that Ghana lost about 14,000
qualified teachers between 1975 and 1981. Out of this number, 3,000 were university
graduates who migrated mainly to Nigeria.49
In recent years, most of the highly skilled professional migrants have made the USA and
Europe their primary destination. In 2000, the proportion of Ghanaian professional workers
in the USA was estimated to be higher than the percentage for all civilian employees.50
Table 8 below is a representation of Ghanaian migrants to the United States and their
occupations in the year 2000.
49
See Anarfi et al (2003) and Bump (2003) 50
Twum-Baah (2005)
37
Table 8: Occupations of Employed Ghanaian Emigrants in the USA in the year 2000
Occupation United States, 2000
All Employed Civilians Ghanaian Employed
Total Male Female Total Male Female
Professional/Technical 20.2 16.7 24.1 25.6 25.6 25.5
Management/Business/Finance 13.5 14.7 12.1 8.3 9.9 5.8
Personal Services/Skilled 14.9 12.1 18.0 26.0 18.7 37.1
Sales/Customer Service 26.7 17.9 36.7 21.4 19.3 24.8
Occupation/Agriculture/Fishing 0.7 1.1 0.3 0.1 0.1 0.1
Construction 9.4 17.1 0.8 3.1 4.8 0.5
Prod. Transportation and Equip 14.6 20.4 8.0 15.5 21.6 6.2
Total in thousands 129,722 69,091 60,630 28,055 16,987 11,068 Source: US Census 2000
Cited in Ghana Migration Profile
3.7 Migrant Remittances
Migrants help in improving upon the living standards of family members through
remittances. In the year 2000, the International Monetary Fund (IMF) estimated the global
flow of migrant workers‘ remittances to developing countries at USD 72.3 billion.51
The IMF estimates that between 1983 and 1990, Ghanaian emigrant workers remitted a total
of USD 24.6 millions. Statistics on remittance from Ghanaian immigrants indicate that these
sums contribute significantly to the national Gross Domestic Product (GDP).
Table 9 below indicates the amount of incoming remittances before 2006.
Table 9: Incoming Migrant Remittances 1983 - 2005
Year Incoming Remittances As Percentage of GDP
1983 – 1990 USD 24.6 million (1) -
1990 USD 201.9 million (4) 2.24 (4)
1999 USD 479 million (2) -
2001 More than USD 400 million (1) -
2002 USD 1.4 billion (2) -
2003 USD 1.017 billion (4) 13.4 % (4)
2004 USD 1.287 billion (3) 14.5 % (3)
2005 USD 1.555 billion (3) 16.8 % (3)
Source: Ghana Migration Profile
(1) Anarfi et al, 2003
(2) Quartey, 2006
(3) Bank of Ghana, 2006
(4) Addison, 2005
51
IMF (2000)
38
Research indicates that in terms of regional flow of remittances, the USA and Canada are the
most important sources. This is followed by the United Kingdom and the European Union
States, remittances from ECOWAS member states and from the rest of Africa.52
Informal remittances through unofficial or unrecorded channels are difficult to measure. It is
estimated that the amount of money that is being remitted informally through forex bureaux,
money transfer operations, courier services and cash-in-hand transfers could be as much as
the amount of remittances recorded through official channels.53
3.8 Returned Migrants
Ghanaian returnees include those migrants who decided to return to the country or those who
are obliged to return to Ghana by their host countries. According to the Ghana Living
Standards Survey (GLSS) between 1991/1992, there were approximately 80,000 return
migrants living in Ghana. From 1998 – 1999, an estimated 50,000 international migrants
from Ghana had returned. This data merges returnees from Africa, Europe, and North
America, but it is presumed that the majority come from Europe.
Other researchers54 estimate a higher number of Ghanaian returnees - between 1991/1992-
320, 000 and between 1998/1999 - 370, 000. This higher figure are justified by the fact that
most of these returnees came from other countries of the sub region such as Burkina Faso,
Cote d‘Ivoire, Mali, Nigeria and Togo.
Some of the returnees who are compelled to return receive assistance from the government.
This was the case with returnees who tried to enter Spain illegal through Morocco and Libya.
For instance, in 2005, the Ministry of Interior indicated that the National Disaster
Management Organisation (NADMO) in collaboration with other institutions received and
facilitated the return of some 8000 Ghanaian returnees from Morocco, Libya, Italy, Spain and
Malaysia.
Some returnees are successful migrants who have decided to contribute to the advancement
of the national economy through job creation. In 2001, researchers from the UK-based
Sussex Centre for Migration Research sampled some Ghanaian returnees. Over 55 percent of
those surveyed were self-employed on return, and the vast majority of these individuals
indicated that they employed other Ghanaians.
52
See Ghana Migration profile (2006) 53
Ibid 54
See Litchfïeld et al. (2003)
39
3.9 Immigration in Ghana
There are several reasons why people migrate to Ghana. These reasons can be classified into
push and pull factors.
Push factors that have caused people from other parts of West Africa to migrate to Ghana
include poor economic, social, environmental and political conditions in their home states.
These conditions are manifested in the form of unemployment, social unrest and political
instability.
Unemployment in the sub region is high and widespread. This has led to the movement of
people across national borders in search of jobs and better living conditions. Further, some
parts of the sub region such as Mali, Burkina Faso and Niger are continuously being affected
by severe dry seasons and droughts. This has led to the annual migration of seasonal workers
from these countries to Ghana, especially during the rainy season for farming.
Social unrest in some parts of the sub region has been a determining factor in the flow of
refugee migrants into Ghana. While Ghana has been relatively stable for the last three
decades, other countries of the sub region have gone through violent conflicts; leading to an
outburst of streams of refugees in the sub region. For instance, civil wars in Liberia, Sierra
Leone and Togo led to flow of refugee migrants into Ghana from these countries.
In terms of pull factors, the main factor that brought migrants to Ghana prior to independence
was the availability of jobs in cocoa farms and goal mines. For instance, in 1909, the news of
an acute labour shortage for the mines in Ghana motivated migrants from other parts of the
sub region in search of jobs to migrate to Ghana. 55
The flourishing of gold mines and cocoa farms were a big attraction to West African
migrants. As explained in table 10 below, the 1913 census of the Gold Coast indicated that
there were 289,217 foreigners living in the territory at that time. The majority of the migrants
came from French West African colonies. Nigerians accounted for over ninety-five percent
(95%) of the migrant population from British colonies.56
55
John Anarfi, Stephen Kwankye et al. (2003) 56
ibid
Table 10. Foreign-Born Population in Ghana, 1931
Colony of Origin Population Percent
Other British West Africa Colonies 70,536 24.40%
French West African Colonies 196,282 67.90%
Liberia 6,812 2.30%
Unclassified Areas 15,587 5.40%
Total 289,217 100%
Source: John Anarfi, Stephen Kwanye, Ofuso-Mensah Ababio and Richmond Tiemoko. (2003) A Background
Paper. Development Research Centre on Migration, Globalisation and Poverty. University of Sussex.
40
After independence, Ghana became a major destination for many migrants in the sub region
as a result of its relative affluence and its foreign policy which was geared towards the
promotion of Pan- Africanism.
Another pull factor that brought migrants into Ghana, especially, in the 1990 was the relative
peace that the country enjoyed as opposed to other West African States. Throughout this
period, many countries in the sub region were in crises especially Sierra Leone and Liberia
while Ghana was at peace. This led to the movement of refugees from these countries in to
Ghana.
The stable supply of energy and the availability of business opportunities have been
identified as other pull factors. This is especially the case with commercial migrants whose
businesses depend on regular supply of electricity. Further, the relative stability of the
Ghanaian economy renders the country appealing to investors.
3.10 Types of immigrants in Ghana
There are different types of immigrants in Ghana. The total number of immigrants in the
country in 2006 was 614,000, representing 2.78 percent of the total population of
22,113,000.57 In terms of gender, Ghana Immigration Service reported58
that out of the
614,000 immigrants who resided in Ghana in 2006, 50.8 percent were male, 48.2 percent
were female and 42 percent were minors. The major types of migrants in Ghana can be
categorised into labour migrants (skilled and unskilled), refugees and irregular migrants.
Labour Migrants
Labour migrants in the country can be classified into skilled workers and unskilled workers.
The skilled workers are mostly from Common Wealth countries while the unskilled workers
are mostly from the West African sub region.59
On the basis of research,60 the concerned ministries do not keep figures on the number of
labour migrant in Ghana. Therefore, there is no national statistics available. However,
research outputs have identified indicators that there are labour migrants in the country. For
instance, there has existed a long history of labour migration from other parts of West Africa
into Ghana for seasonal or permanent jobs. On annual basis, nationals from Mali, Niger and
Burkina Faso migrate seasonally to Ghana. They stay in the country until the start of the rainy
season when they return to farm in their respective countries.61
Further, it has been argued that, the fact that the Ministry of Interior is mandated under the
Immigration Act of 2000 to issue work permits to foreigners who desire to work in Ghana is
another pointer to the fact that labour migrants exist in the country.
57
Ibid 58
Ibid 59
Interview with Migration Information Bureau Officer, Ghana Immigration Service (February 17, 2009) 60
See Takyiwaa Manuh, (2006), Ghana Migration Profile. 61
Ibid
41
Refugee
Refugees constitute and important portion of the migrant community in Ghana. Following the
civil wars that affected some parts of West Africa (Liberia, Sierra Leone, and Cote d‘Ivoire)
from 1989 to 2002, Ghana served as host for refugees and asylum seekers coming from these
war-affected areas. By the end of 2003, Ghana hosted more than 48,000 refugees as well as
more than 42,000 asylum seekers who arrived from Liberia. Also, more than 4,000 refugees
and Displaced Persons (DPs) who came in from Togo and about 1000 DPs from Sierra Leone
who fled the civil war continue to live in Ghana. Still in 2003, continued unrest in Côte
d‘Ivoire forced many Liberian refugees who were living there to migrate to Ghana.62
As of December 31, 2005, Ghana was host to some 38,000 Liberia refugees (52 percent
female, 44 percent minors) and 14,100 refugees from Togo (53 percent female and 45 percent
minors). Also, there were some 3,700 asylum seekers from Togo (37 percent female and 33
percent minors), 1,000 from Liberia (51 percent female and 43 percent minors), 300 from
Sierra Leone (45 percent female, 25 percent minors), and 300 from Côte d‘Ivoire (36 percent
female and 21 percent minors).63
In 2006, Ghana Immigration Service counted 48,063 refugees, representing 0.22 percent of
the population.64 Some 9,000 Liberian refugees continued to live in Buduburam camp.
During the same period, Ghana hosted 38,684 Liberian and 14,136 refugees from Togo.65
Irregular Immigrants
According to the Ghana Immigration Service (GIS), irregular immigrants in Ghana are
persons who enter the country without presenting themselves to immigration officials. They
could also be persons using fake documents to enter and stay in the country or persons who
continue to live in the country after their stay have expired. In addition, migrants working
without the required work permit are considered as irregular immigrants.
There are no official statistics on the number of illegal immigrants in the country. However,
there are indicators that cases of illegal immigration do exist. For instance, there are charges
to be paid at the different ports of exit by migrants who have over stayed in the country
without the necessary authorisation. Also, are there specific charges to be paid by migrants
caught working in the country without acquiring work permits.
Where an illegal migrant is a West African, GIS indicated that such migrants will be required
to rectify their stay in the country in accordance with the laws in force. In some extreme
cases, irregular immigrants from the sub region may be repatriated from the country if found
to be involved in criminal offences such as drugs and human trafficking.66
62
Ghana Migration Profile 63
ibid 64
Ibid 65
UNHCR Statistical Year Book 2006. 66
Interview with Migration Information Bureau Officer, Ghana Immigration Service (February 17, 2008)
42
3.11 National Instruments on Migration
The government of Ghana has legislated on different aspects of migration and free movement
in order to meet with its international obligation as a member state of the United Nations and
ECOWAS. In this regard, Ghana has passed laws to relating to refugee migrants, migrant
workers, anti human trafficking and other aspects of migration.
With regards to refugee migrants, the Ghana Refugee Law of 1992 is the main national
legislation that caters for refugee migrants. This law prohibits the expulsion of refugee
migrants; establishes a Refugee Board;67 provides procedure for application and grant of the
status of a refugee; and, it defines the rights and duties of a refugee.
The 1992 Refugee Law allows for the detention and expulsion of refugees on ground of
national security and public order. However, in line with the ECOWAS protocol on the free
movement of persons, residence and establishment, and its supplementary Protocols, the law
forbids the expulsion of refugee migrants to the frontier of a territory in which the refugee
have indicated fear of prosecution.
Further, the Ghana National Population Policy (Revised version of 1994) is another important
national instrument on migration. An important component of this document is to provide a
framework for monitoring international migration and to stop the brain drain of key
professionals leaving Ghana. Some strategic frameworks proposed by this document include
the review and update of rules and procedures governing immigration and emigration, and
guaranteeing full protection by the law to refugees and displaced persons legally resident in
Ghana.
Another national instrument is the Ghana‘s Migration Act of 2000 (Act 573). This Act
regulates the movement of foreigners into and out of the country. The Act also addresses the
subject of employment, acquisition of residence, exemptions and detention of foreigners,
deportation of foreigners as well as conditions for petitions by foreigners in Ghana.
With regards to human trafficking, the 1992 constitution of Ghana provides that the country
shall guarantee the fundamental human rights of all within its territory including the right to
movement and personal liberty. The constitution also prohibits torture, inhumane and
degrading treatment, slavery, servitude and forced labour.
In addition to these constitutional safeguards, the government of Ghana adopted the Human
Trafficking Act (Act 694) in 2006 as a reference framework in the fight against human
trafficking. The Human Trafficking Act is concerned with ― the prohibition of, and offences
related to human trafficking, complains issued against human traffickers, the arrest of human
traffickers and the rescue, rehabilitation and reintegration of victims.‖68
67
The Ghana Refugee Board was established under the Ghana Refugee Law of 1992 (PNDCL 305D) with the
responsibility to manage activities relating to refugees in the country. 68
Ghana Migration Profile.
43
IV. International and Regional Frameworks on Migration and Free Movement
The importance of migration and free movement has necessitated the development of layers
of frameworks defining the rights and responsibilities of stakeholders involved in migration.
4.1 United Nations Instruments
There are many international instruments dealing with migration and free movement. Most of
these instruments are United Nations instruments developed on the fundamental freedoms
guaranteed to all citizens in the Charter of the United Nations and in the Universal
Declaration of Human Rights.
The Universal Declaration of Human Rights promotes migration under its article 13 –
―Everyone has the right to freedom of movement and residence within the borders of each
Member state of the United Nations, and the right to return to his country.‖ Further, article
14 is to the effect that everyone has the right to seek and enjoy asylum from persecution in
other countries. However, this provision cautions that this right may not be invoked in the
case of prosecutions genuinely arising from non-political crimes or from acts contrary to the
purposes and principles of the United Nations.
i. Regulations on the protection of Refugee Migrants
The free movement and migration of refugees is addressed at the international level in the
1951 Convention relating to the Status of Refugees, United Nations General Assembly
Resolution 2198 (XXI) relating to the Status of refugees and the 1967 Protocol on the Status
of Refugees.
Specifically, article 26 of the 1951 Convention compels each member state of the United
Nations to accord refugees lawfully in their territories the right to choose their place of
residence and to move freely within the territory subject to regulations applicable to aliens
generally in the same circumstances. Further articles 27 and 28 request member states to
issue identification papers and travel documents respectively to ease the free movement of
refugees within and out of their host countries.
The 1951 Convention relating to the Status of Refugees emphasizes the right to free
movement and migration of refugees by providing a wide range of protections to refugees
who might find themselves in a country unlawfully. Article 31 is to the effect that contracting
states shall not impose penalties, on account of the illegal entry or presence of refugees
coming directly from a territory where their lives or freedom are threatened or those present
in their territory without authorisation, provided they present themselves without delay to the
authorities and show good cause for their illegal entry or presence.
Article 33 of the Protocol cautions that it is prohibited for member states to return or expel a
refugees in whatsoever manner to the frontier of a territory where their lives would be
threatened on account of their race, religion, nationality, membership of a particular social
group or political believe.
44
ii. Regulations on the protection of migrant workers
The International Labour Organisation (ILO) has been working on the protection of migrant
workers at the international level. The three main instruments from the ILO that aim at
protecting the rights of migrant workers are:
ILO Migration for Employment Convention No. 97 of 1949
ILO Migrant Workers (Supplementary Provisions) Convention No. 143 of 1975
The 1990 International Convention on the Protection of the Rights of All Migrant
Workers and members of their Families
The ILO Migration for Employment Convention No. 97 of 194969 requires each member state
to the convention to maintain, or satisfy itself that there is maintained, an adequate and free
service to assist migrants in getting employment, and in particular to provide them with
accurate information. Further, this convention provides that member states to the convention
shall undertakes to apply, without discrimination in respect of nationality, race, religion or
sex, to immigrants lawfully within their territory, treatment no less favourable than that
which they apply to their own nationals in respect of remuneration, hours of work, family
allowance, minimum age for work, women‘s work and social security.
The ILO Migrant Workers (Supplementary Provisions) Convention No. 143 of 197570 calls
upon member states to the Convention to systematically seek to determine whether there are
illegally employed migrant workers on their territories. It also calls on member states to
ensure that migrants are not subjected during their journey, on arrival or during their period
of residence and employment to conditions contravening relevant international multilateral or
bilateral instruments or agreements, or national laws or regulations.
The 1990 International Convention on the Protection of the Rights of All Migrant Workers
and members of their Families71 calls on state parties to abide in accordance with
international instruments concerning human rights, to respect and to ensure to all migrant
workers and members of their families within their territories all such rights without
distinction of any kind such as sex, race, colour, language, religion or conviction, political or
other opinion, national, ethnic or social origin, nationality, age, economic position, property,
marital status, birth or other status.
iii. Anti human trafficking regulations
Human trafficking is ―the recruitment, transport, transfer, harbouring or receipt of a person by
such means as threat or use of force or other forms of coercion, of abduction, of fraud or
deception for the purpose of exploitation‖.
Human trafficking consists of the action of trafficking such as the recruitment, transportation,
transfer, harbouring or receipt of persons being trafficked. It also involves the means of
69
Ghana has not ratified the Convention. 70
Ghana has not ratified the Convention. 71
Ghana ratified the Convention on September 8, 2000.
45
trafficking such as threat of or use of force, deception, coercion, abuse of power or position
of vulnerability. The purpose of human trafficking is usually for exploitation such as for
forced labour, prostitution, slavery or similar practices, servitude e.t.c.
Some UN instruments against human trafficking include:
iv. The United Nations Convention against Transnational Organised Crime72
This Convention is a major milestone in the fight against transnational organised crime. It
represents the recognition by member states to the Convention on the gravity of the problems,
as well as the need to foster and enhance close international cooperation in order to tackle
those problems. member states to the Convention commit themselves to taking a series of
measures against transnational organised crime, including anti human trafficking regulations.
v. The United Nations Protocol against the Smuggling of Migrants by Land, Sea and Air
This Protocol73 deals with the growing problem of organised criminal groups who smuggle
migrants, often at high risk to the migrants and at great profit for the offenders. A major
achievement of the Protocol was that, for the first time in an international instrument, a
definition of smuggling of migrants74 was developed and agreed upon. The Protocol aims at
preventing and combating the smuggling of migrants, as well as promoting cooperation
among States parties, while protecting the rights of smuggled migrants and preventing the
worst forms of their exploitation which often characterise the smuggling process.75
4.2 African Union Instruments on Migration and Free Movement
Migration is an area of priority for the African Union. In this regard, the Union has launched
several initiatives and frameworks aimed at promoting migration on the continent. Some of
these initiatives are:
The Abuja Treaty Establishing the African Economic Community;
The 1995 Cairo Recommendation on Inter-Africa Migration;
The Ouagadougou Action Plan to Combat Trafficking in Human Beings, Especially
Women and Children; and
The Migration Policy Framework for Africa (MPFA)
The African Union Summit of Head of States and Governments adopted the Migration Policy
Framework for Africa (MPFA) in Banjul (2006). The MPFA is aimed at encouraging
member states to implement and integrate migration issues into their national and regional
agenda by developing national migration polices as stated in the Lusaka Decision.76 The
MPFA presents AU Migration Policies in the form of recommendation to be implemented by
member states and Regional Economic Communities (RECs) in collaboration with UN
Agencies, international organisations and civil society organisations.
72
See United Nations General Assembly resolution 55/25 of 15 November 2000 73
Ibid 74
Article 3(a) of the Protocol provides that ―Smuggling of migrants‖ shall mean the procurement, in order to
obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State
Party of which the person is not a national or a permanent resident. 75
United Nations Office on Drugs and Crimes
Available online at http://www.unodc.org 76
See AU Council of Ministers Decision CM/Dec 614 (LXXIV) at its 74th
Ordinary Session in Lusaka, Zambia.
46
4.3 Regional (ECOWAS) Instruments
In the West African sub region, ECOWAS has been the lead institution in matters of
migration and free movement. In this regard, the ECOWAS treaty and its supplementary
protocols all emphasize the role of member states in promoting the free movement of
community citizens in the sub region as a step towards regional integration.
i. The ECOWAS Treaty of 1975 and the Revised Treaty of 1993
The Lagos treaty of 1975 creating ECOWAS as amended and revised by the treaty of 1993
guarantees the free movement of community citizens within the sub region by calling on
member states to remove all obstacles that exist between them to the free movement of
persons, goods, services and capital. It also encourages member states to promote the right to
residence and establishment by community citizens within the sub region.77Article 27(1) of
the 1975 treaty creating ECOWAS as completed by the 1982 protocol,78 confers the status of
community citizenship on citizens of ECOWAS member states and enjoins member states to
abolish all barriers to their free movement and residence within the community.
Article 27(2) of the 1975 treaty calls on member states to exempt community citizens from
holding visitor‘s visa and residence permits and to allow them work and undertake
commercial and industrial activities within their territories. Also, article 59 of the 1993
revised treaty, provides that community citizens shall have the right of entry, residence and
establishment within member states.
ii. ECOWAS Protocol A/P.1/5/79 Relating to the Free Movement of Persons, Residence and
Establishment
This protocol spells out the general principles for the movement of community citizens, their
residence and establishment in the sub region.
The right of entry, residence and establishment79 defined under this Protocol was to be
accomplished progressively within a period of fifteen year and in three phases. These phases
are:
Phase one - Right to entry and abolition of visa
Phase two - Right to residence80, and
Phase three - Right to establishment.81
77 See article 2(d)(iii) 0f the 1993 Revised ECOWAS Treaty
78 See ECOWAS protocol A/P.3/5/82 relating to the definition of Community Citizen
79 See article 2(1) 0f ECOWAS Protocol of May 29, 1979 Relating to Free Movement of Persons, Residence
and Establishment
80
"Right of residence" means the right granted to a citizen who is a national of one Member State to reside in a
Member State other than his State of origin which issues him with a Residence Card or Permit, enabling him to
hold employment or otherwise. (See article 1 of Supplementary Protocol A/SP.1/7/85 of July 6, 1985.)
81 "Right of Establishment" means the right granted to a citizen who is a national of one Member State to settle
or establish in another Member State other than his State of origin, and to have access to economic activities, to
carry out these activities as well as to set up and manage enterprises and, in particular companies, under
conditions defined by the legislation of the host Member State for its own nationals. (See article 1 of
Supplementary Protocol A/SP.1/7/85 of July 6, 1985.)
47
Phase one is catered for under article 3 of the protocol which provides that any citizen of the
community who wish to enter the territory of another member state shall be required to
possess valid travel documents.82 Once citizens hold these documents, they are free to enter
the territory of Member states for a period not exceeding ninety (90) days without visas and
citizens are free to apply for an extension of their stay if there is cause to do so after the
ninety (90) days.
To facilitate the movement of persons by private or commercial vehicles, the protocol
provides that private vehicles registered in one of the member states can enter any other
member state and stay there for up to a period of 90 days upon presentation of a valid driving
licence, a matriculation certificate, an insurance policy recognised by that member state and
international customs documents recognised by ECOWAS. Upon presentation of the same
list of documents, commercial vehicles are free to stay within any member state for a
maximum period of fifteen (15) days.
To ensure the proper implementation and to avoid arbitrariness on the part of member states,
article 11 of the protocol is to the effect that a decision to expel or repatriate any community
citizen from a member state shall be notified to the citizen concerned as well as to the
government of that citizen and to the Executive Secretary of ECOWAS.
Three Supplementary Protocols have been signed by the Authority of ECOWAS Head of
States and Governments to facilitate the implementation of the protocol on free movement of
persons. These Supplementary protocols deal with the code of conduct of implementing the
Protocol, modalities for the enforcement of the right to residence and the right to
establishment within the sub region.
Supplementary Protocol A/SP.1/7/85 on the code of conduct for the implementation of
the Protocol on free movement of persons, the right of residence and establishment.
This protocol provides rules to govern the conduct of states of origin and host states
of immigrants. It also spells out the rights and obligations of immigrants in host
member states. On the part of member states, the protocol provides that member states
shall establish or strengthen appropriate administrative services in order to furnish
migrants with all necessary information likely to permit legal entry into their territory.
Further, the protocol calls on member states to convene regular meetings of the
appropriate national officials for the exchange of all forms of information and
experiences relating to the free movement of persons, goods, services and capital.
The protocol calls upon migrants to respect all legal provisions with regards to
travelling in the sub region. In the event of illegal migration, member states are
cautioned by the protocol to render humane treatment and to respect the human rights
of migrants. To this effect, member states are called upon under article 5 of the
82
"A valid travel document" means a passport or any other valid travel document establishing the identity of the
holder with his photograph, issued by or on behalf of the Member State of which he is a citizen and on which
endorsement by immigration and emigration authorities may be made. A valid travel document shall also
include a laissez-passer issued by the Community to its officials establishing the identity of the holder. (see
article 1 of ECOWAS Protocol A/P.1/5/79 of May 29, 1979)
48
protocol when dealing with illegal migrants from the sub region, to take all steps
necessary to facilitate their acquisition of necessary documents for their regular stay
in the host country.
Supplementary Protocol A/SP.1/7/86 on the second phase (right of residence) of the
Protocol on free movement of persons, the right of residence and establishment.
This supplementary Protocol is aimed at implementing phase two of the 1979
Protocol on free movement. The Protocol deals with the right of residence by
community citizens in any of the ECOWAS member states. Under the protocol,
member states are required to grant the right of residence to community citizens who
enter their territory for the purpose of engaging in income earning activities. Further,
the Protocol provides that citizens of the community desiring to reside in the territory
of a member state shall be obliged to obtain an ECOWAS residence card or a
residence permit.
Supplementary Protocol A/SP.2/5/90 on the implementation of the third phase (right
of establishment) of the Protocol on free movement of persons, right of residence and
establishment.
The purpose of the 1990 supplementary protocol is to complete the implementation of
the 1979 protocol. This protocol deals with the right of establishment. That is, the
right granted to community citizen to settle or establish in any member state, and to
have access to economic activities under the same conditions as nationals of the host
country.
The protocol is importance for the free flow of capital across the sub region as
community citizens are free to set up companies and businesses in any Member state.
In addition to these supplementary protocols, ECOWAS member states have adopted a
common approach to migration aimed at facilitating the free movement of citizens in the sub
region.
iii. The ECOWAS Common Approach to Migration
The ECOWAS Common Approach to Migration was adopted on January 18, 2008 at the 33rd
Summit of Head of States and Governments of ECOWAS. The Common Approach to
Migration is aimed at supporting activities on migration and development in order to
maximise the positive effects and limit the negative consequences of migration on countries,
migrants and their families.
ECOWAS have developed a Migration and Development Plan of Action aimed at
implementing the Common Approach to Migration. Specific activities under the ECOWAS
Migration and Development Plan of Action include the promotion of free movement in West
Africa, management of regular migration, policy harmonisation, control of irregular
migration and trafficking in persons, especially of women and children, the rights of
migrants, asylum seekers and refugees.
49
The ECOWAS Common Approach to Migration is based on the following philosophies:
The free movement of persons within the ECOWAS zone is one of the fundamental
priorities of the integration policy of ECOWAS member states;
Legal migration towards other regions of the world contributes to ECOWAS member
states‘ development;
Combating human trafficking is a moral and humanitarian imperative;
Harmonising policies in migration would be beneficial to all member states;
It is the responsibility of member states to protect the rights of migrants, asylum
seekers and refugees; and
Recognising the gender dimension of migration would add more value to the
migration management in the sub region
Some ECOWAS documents on free movement
In addition to the ECOWA treaty, the protocol on free movement and the common approach
to migration, the Authority of Head of States and Governments have instituted some
documents aimed at facilitating the free movement of citizens, goods and vehicles in the sub
region. These documents include:
i. The ECOWAS Travel Certificate
The ECOWAS Travel Certificate83 is an approved travel document for community citizens
within the ECOWAS zone. The Certificate serves two purposes – it is a substitute for a
national passport and it authenticates the identity of its holder. The certificate is valid for a
period of two years and it is renewable. The ECOWAS travel certificate has entered into
circulation in Burkina Faso, Gambia, Ghana, Guinea, Niger, Nigeria and Sierra Leone.
ii. The ECOWAS Brown Card Vehicle Insurance Scheme
The ECOWAS Brown Card84 vehicle insurance scheme was introduced as an accompanying
measure to the programmes on free movement of persons and goods, and the transport
programme. The Brown Card covers the liability incurred by its holder in accordance with
the laws of each member country. The scheme is currently enforceable in twelve Member
states - Benin, Burkina Faso, Côte d‘Ivoire, Ghana, Guinea, Guinea Bissau, Mali, Niger,
Nigeria, Senegal, Sierra Leone and Togo.
83
see decision A/Dec.2/7/85 of the Authority of Heads of State and Government of the Economic Community
of West African States relating to the establishment of ECOWAS Travel Certificate for Member States 84
See Convention A/P2/5/82 Regulating Inter-State Road Transportation between ECOWAS Member States
50
V. Enforcement of the ECOWAS Protocol on Free Movement of Persons, Residence
and Establishment in Ghana
Historically, free movement has existed between the peoples of Ghana and their neighbours.
People moved without administrative barriers between Ghana and Togo; Ghana and Cote
d‘Ivoire; and Ghana and Burkina Faso. Most of these movements were facilitated by loosely
demarcated boundaries separating peoples of the same ethnic group living on each side of the
border. For example, movements by members of the Ewe ethnic group who are present in
Ghana and Togo continued for a long time after independence without hindrances due to the
loose boundaries separating the two countries.
These loose borders and the absence of the requirement for travel documents let to the
movement of many West African migrants into Ghana in the early years of its independence.
Most of these migrants were job seekers in the countries plantations and gold mines.
With the advent of economic hardship resulting in a corresponding need to secure
employment and jobs for Ghanaians, the government passed regulations restricting the
number of foreigners working in the country. For example, section 10 of the Aliens
Compliance Order (Act 160 of 1969) forbids foreign nationals from residing and working in
Ghana without an authorising licence from the minister in charge.
The formation of ECOWAS in 1975 paved the way for the abolition of some of these
indigenous protective regulatory measures. One of the aims of creating ECOWAS was to
foster accelerated economic and social development in the West African sub region through
regional integration. The organisation envisaged the free flow of persons, goods and services
as a key stimulus for regional integration in West Africa.
The enactment of the ECOWAS Protocol on Free movement of Persons, Residence and
Establishment was a bold step in the direction of regional integration. Mindful of existing
barriers to free circulation among Member states at that time, ECOWAS opted for a
progressive enforcement of the Protocol through three distinct phases. As seen above, the
Authority of Head of ECOWAS Member states has progressive actualised the three phases
for the coming into force of the Protocol.
With the ratification of the ECOWAS Protocol on Free Movement in 1980 by the
government of Ghana, the requirement for entry visas for citizens of ECOWAS member
states was abolished. Further, following the ratification of Supplementary Protocol
A/SP.1/7/86 by the government of Ghana in 1986, it is required of the government to grant
the right of residence to community citizens who enter the country for any income earning
activity. Finally, the government of Ghana has ratified Supplementary Protocol A/SP.2/5/90
of 1990, setting out modalities for the implementation of the rights to establishment for
community citizens within the ECOWAS space. Under this Supplementary Protocol,
community citizens in Ghana are supposed to have the same rights as Ghanaians to access
and engage in economic activities within the country.
This section seeks to verify to what extend these different aspects of the 1979 Protocol on
Free Movement of Persons, Residence and Establishment are being enforced in Ghana. Also,
this section will identify challenges to the full implementation of the protocol and highlight
good practices noticed in the enforcement of the different phases of the protocol.
51
A. Enforcement of the Right to Entry
In examining the enforcement of phase one of the protocol – the right to entry, this work will
focus on the border settlement of Aflao, the principal entry and exit port by land between
Ghana and Togo. The following questions were used as guidelines in exploring the
enforcement of the protocol at Aflao:
What categories of West African migrants pass through Aflao?
How much do migrants and law enforcement agents know about the ECOWAS
Protocol on Free Movement?
What are the challenges to the full implementation of the Protocol?
Overview of Land Entry Points and Justification for the Choice of Aflao
There are three authorised land entry points into Ghana. These ports are:
Aflao – Border between Ghana and Togo. The border post at Aflao is the eastern
corridor into and out of Ghana. It is the main entry and exist point for most land
travellers from Togo, Benin and Nigeria into Ghana.
Elubo – Border between Ghana and Cote d‘Ivoire. This border post is the Western
corridor and is largely used by businessmen to and from Cote d‘Ivoire and migrants to
or from other coastal West African countries such as Liberia and Sierra Leone.
Paga – Border between Ghana and Burkina Faso. This border is the northern corridor
into and out of the country by land. The border is largely used by farmers and small
scale business persons. Of particular importance, GIS disclosed that this border is a
transit route for irregular migrants heading for Europe through Lybia.
Data from Ghana Immigration Service indicate that Elubo is the most used of all the land
borders by West African migrants. This data could however be misleading as to the true
number and volume of West African migrants who use the various land borders.
The table below highlights the total number of West African migrants who entered Ghana by
land between January and December 2008.
Table 11. West African Migrants Entering Ghana by Land (January – December 2008)
January February March April May June July August September October November December Total
Aflao 1986 1749 2077 1318 1838 1377 1847 3405 1867 3721 3202 1487 25,874
Elubo 5837 3090 5669 3787 4872 3782 3304 6616 2895 7788 5245 8195 61,080
Paga 531 347 515 371 377 358 566 895 541 513 474 412 5,900
Source: Management Information System (MIS), Ghana Immigration Service
52
The figure below is a bar chart of the total number of West African migrants who entered
Ghana in 2008 using the different authorised land borders.
Fig 4: Arrivals for West African Migrants in Ghana by land – 2008
Fig 5 below presents a clearer picture of the total number of West African arrivals into Ghana
in 2008 through the different land borders.
Fig 5: Pie Chart of West African Arrivals into Ghana by Land in 2008
53
The following table is a summary of the total number of West African migrants who left
Ghana by land between January and December 2008.
Table 12: West African Migrants Departing Ghana by Land (January – December 2008)
January February March April May June July August September October November December Total
Aflao 1103 1895 2098 2005 2568 2307 1955 3144 1850 2337 1997 3073 26332
Elubo 6409 4718 5094 3638 4070 4808 3327 3799 3964 4358 3325 7769 55279
Paga 347 364 443 287 322 333 479 685 572 417 435 442 5126
Source: Management Information System (MIS), Ghana Immigration Service
The following figure is a bar chart of the number of West African who departed from Ghana
in 2008 by land.
Fig 6: Departures for West Africans Migrants from Ghana by land – 2008
Fig 7 bellow portrays a clearer image of the volume of migrants who left Ghana in 2008
through the various land exist points.
54
Fig 7: Pie chart of West African departures through Ghanaian land boundaries in 2008
Clearly, the data and figures above indicate that Elubo is the most used land border by West
African Migrants. Contrary to this data, Ghana Immigration Service indicated that the most
busy land border is the eastern corridor at Aflao. These discrepancies in available data on the
volume of migrants using the different border post and the realities on the ground results
mainly from the fact that most of the migrants who use Aflao do not possess passports and so
they are not registered by Ghana Immigration Service. For example, on daily basis, hundreds
of settlers on both sides of the border move across the border without being registered by
immigration officials because most of these migrants do not posses passports.
The lack of a framework to register undocumented migrants is principally responsible for the
discrepancies that exist in available data on migration and the actual number of migrants
entering and leaving the country. The information management service at Ghana Immigration
indicated that the volume of undocumented West African migrants passing through Aflao are
close to six (6) times higher than the number of documented migrants captured by the
immigration service.
Further, the figure provided reflect the number of individuals with passports who entered or
left the country in 2008 but it does not indicate how many times they entered or left the
country. The data is focused on the number of migrants who passed through the borders and
not on the frequency of their movements. Consequently, most migrants who used Aflao
border post frequently in the course of the year were recorded in the data presented just once.
55
From the foregoing, the choice of Aflao to gauge the implementation of the right to free entry
is therefore based on two key considerations: Firstly, Aflao is the most busy land border
between Ghana and other West African states85
. Secondly, Aflao has been identified by
travellers in a number of occasions as one of the most notorious border posts that poses
challenges to the free movement of West Africans, their goods and services.
There are increasing indications that though the ECOWAS Protocol on Free Movement of
Persons, Residence and Establishment aims to promote the free circulation of community
citizens, goods and services in the sub region, travellers still face enormous challenges at land
border posts. Understandably, this ill-practice of creating hindrance and obstacles to the free
circulation of community citizens is not limited to Aflao border post. However, the rampant
and disturbing stories on harassments of community citizens at this border port provides a
good justification to closely examine the enforcement of the Protocol along this corridor.
5.1 What categories of West African migrant pass through this border?
Following a study that was carried out at Aflao as part of this research to gauge the
implementation of phase one of the protocol-the right of entry, at border post, seven (7)
categories of persons were identified, namely:
Labour migrants
Commercial migrants
Border settlers
Children
Refugees
Tourist
Students
The research found out that most of the male travellers were drivers and businessmen
principally from Nigeria, Ghana, Togo and Benin. Female travellers were predominantly
women who came from different parts of the sub region heading to buy in Nigeria, Benin,
Togo or Ghana. A special group of women who go across the border almost on daily basis are
border settlers. Most of these women are involved in small scale commerce between Ghana
and Togo.
The research realised that family ties among border settlers have encouraged the movement
of children across the border. Settlers on both the Togolese and Ghanaian side of Aflao share
a common culture and local language (Ewe). This has encouraged inter-marriage among the
settlers and the movement of families across the border to visit relatives.
Refugees are another category of migrants that use the border. For example, following the
death of president Eyadema of Togo in 2005 and the violence that ensued, there was a flow of
refugees into Ghana. Close to 15, 000 refugees registered with the United Nations High
Commission for Refugees (UNHCR) in Ghana. Out of this number, about 8000 were in the
Aflao area.86 By May 2008, some 2,969 of these refugees had been voluntary repatriated to
Togo under the auspices of UNHCR.87
85
Interview with Mr. D.E.K. Hlorgbey, Management Information Systems - Ghana Immigration Service 86
UNHCR (2007), 2005 UNHCR Statistical Yearbook Country Data Sheet – Ghana 87
Ghana Web (2008) Available online at: http://www.ghanaweb.com
56
5.2 How informed are migrants and law enforcement officials about the Protocol?
In an attempt to answer this question, one hundred randomly selected migrants were sampled.
The group consisted of six categories of migrants that use the border post. Children were
excluded from the sample. The study revealed that:
Forty percent (40%) knew that one of ECOWAS‘ aim is to promote the free
movement in West Africa;
Thirty percent (30%) knew the ECOWAS protocol on free movement;
All those sampled (100%) affirmed their right of entry into other member states;
Thirty percent (30%) knew all the ECOWAS required travel documents;
Fifty percent (50%) knew they have a right to reside in any other member state.
Fifty percent (50%) knew they have a right to establish in any other member state.
From the findings, most community citizens know about ECOWAS but not about its role in
free movement.
Based on an analysis of those sampled, there is a general lack of awareness on the activities
of ECOWAS in relation to migration and free movement. For instance, only forty percent
(40%) knew that ECOWAS is aimed at promoting the free movement of citizens in the sub
region and, only thirty percent (30%) knew the ECOWAS protocol on free movement.
The finding that only thirty percent (30%) of those sampled knew about the ECOWAS
protocol could be misleading as to the true knowledge of those sampled. For example, though
no driver knew about the protocol, all drivers mentioned the Brown Card as one of the
required travel documents. Also, many travels who did not know of the protocol cited the
ECOWAS travel certificate as a valid travel document. From this, one could infer that a
greater proportion of community citizens know about some of the provisions and travel
documents resulting from the protocol even if they cannot state clearly that there is an
ECOWAS protocol on free movement.
With regards to law enforcement agents, Ghana Immigration Service indicated that
immigration officials had a good knowledge of the Protocol because of continuous training
programmes organised for staff of the service. Further, within the Ghana Immigration
Service, there are specialised units to deal with different aspects of migration emanation from
the implementation of the Protocol and national legislations. These specialised services
include the Migration Information Bureau which has a Human Trafficking Desk; a Migration
Information Desk and a Refugee Desk.
The above notwithstanding, it was observed that these specialised services are under staffed
and in many instances, they are hardly on the ground to share their expertise with their
colleagues when relevant sections of the protocol and national legislations are not properly
enforced. Further these engaged in advocacy campaigns to raise awareness on some aspects
of migration but it is difficult to gauge their impact on the enforcement of the right of entry.
57
5.3 What are the challenges to the full implementation of the right of entry?
This research identified the following challenges to the full implementation of the right to
entry:
Bribery and corruption was highlighted by community citizens as the main challenge
to their free movement. Citizens complained of paying tips to cross the border,
otherwise, they will be subjected to delays and at times refusal to go through the
border post. Business women and truck drivers raised the time-consuming challenge
of going through custom checks with their goods.
In line with these challenges, the research discovered that the government of Ghana is
working on eradicating bribery and there are signs to this effect. For instance at the
entrance into the Customs, Excise and Preventive Service (CEPS) unit at Aflao, it is
clearly written that ―It is a criminal offence to bribe a custom official and it is a
criminal offence for a custom official to accept bribe from any person‖. While these
words are good for the purpose of deterrence, there is a need to match them with
actions. Bribery and corruption seem to be thriving at the border post because there is
no enforcement of these intention to punish corrupt persons.
Communication challenges are another impediment to the free movement of citizens.
Border officials at the Togolese side of Aflao are French speaking while those at the
Ghanaian side are English speaking. When migrants cannot communicate in both
languages, it creates room for misunderstanding and delays in movement. For
example, some migrants indicated that they had to pay for the services of a local
interpreter in order to communicate with law enforcement officials.
Lack of awareness on the protocols is a great challenge to its full implementation.
Community citizen are largely ignorant about the provision of the Protocols. As a
result, most citizens do not carry the required travel documents.
The centralisation of the issuance of passports and the price of acquiring one was
identified as another challenge to the free movement of Ghanaians. Border settlers in
particular indicated that they face challenges when they go across the border,
especially those intending to travel to Benin and Nigeria, because they lack passports.
Multiple currencies and problems in convertibility were identified as a big challenge
by commercial migrants. Traders indicated that they had problems budgeting
accurately due to fluctuations in exchange rates which affect their capital once it is
converted from one currency to another.
Further, some migrants chose to use unauthorised travel routes. In the case of Aflao, it
was realised that there are about fourteen (14) unauthorised travel routes in the
locality. People using such routes cause loss of revenue to the state and such persons
can bring illegal products into the country. Immigration officials are therefore bound
to restrict community citizens who chose to travel through such routes.
58
The existence of human traffickers in the sub region is a big challenge to the full
implementation of the Protocol. Law enforcement officials are therefore bound to
carefully screen everyone passing through the border post.
Aside from these challenges specifically identified by the research, some writers88
have
raised a challenge that the ECOWAS Protocol breeds insecurity. It is believed that the right to
entry has made Ghana a fertile breeding ground for criminals, fraudsters, refugees and
persons who were involved in armed crimes. The space created by the protocol for free entry
of community citizens into the countries without visas is seen by many as an opening for the
infiltration of the Ghanaian society by unscrupulous individuals from the sub region.
Further, the rise in insecurity that has been plaguing the country in recent years is deemed as
a consequence of the ECOWAS protocol that have paved the way for the influx of migrants
especially refugees from Liberia, Togo and Côte d‘Ivoire. The increasing spate of criminality
in the country has slowed the effective enforcement of the protocol in many ways as some
West African nationals are looked upon as primarily responsible for most the crime-related
activities carried out in the country.
The above challenges notwithstanding, some good practices were noticed in the
implementation of the Protocol. For instance:
Ghana has abolished entry visas for ECOWAS nationals;
Ghana has adopted the ECOWAS travel certificate;
Ghana has put into use the ECOWAS Brown Card scheme;
Ghana has created the Ghana Refugee Board to cater for refugee migrants;
There are measures being taken by CEPS aimed at combating corruption at the border;
and
Ghana has hosted many meetings and seminars aimed at addressing the issue of border
harassment.
88
Sam Sarpong, The ECOWAS Protocol breeds Insecurity.
Available online at http://www.newsfromafrica.org/newsfromafrica/articles/art_519.html
59
B. Enforcement of Right of Residence
Community citizens who enter Ghana are required to obtain a residence permit in order to
live and engage in income earning activities. In this regard, community citizens willing to
reside and engage in any income gaining activities in Ghana are entitled to a temporal
residence permit of between thirty to ninety days. The length of stay to be granted is at the
discretion of the immigration official dealing with the migrant.
To qualify for a resident permit, migrants must prove that they are studying or engaged in a
business. To this effect, community citizen are required among other items to provide
documentary evidence from a prospective school or employer to Ghana Immigration Service
before being issued a residence permit.
Once these documents are presented to the immigration service, the applicant might be
granted a residence permit of between one and three years. If the permit is granted for more
than one year, the applicant will need to visit the immigration service yearly to pay the
appropriate fee and obtain a residence permit stamp in his or her passport.
The requirement to obtain a residence permit in order to legally reside and engage in income
earning activities is crucial. Community citizen who fail to meet this requirement face though
challenges in the country. For instance, without a residence permit, it is difficult to own a
bank account and it is forbidden to set up any kind of business.
In the event where a community citizen is found living in the country without a residence
permit, he/she is treated as an illegal immigrant. Consequently, there is a penalty to be paid
which is calculated per day from the moment the person started living illegally in the country.
The enforcement of the right of residence of community citizens in Ghana has been hindered
by a number of factors. The main challenge is linked to the list of documents that are required
in order to obtain a residence permit. In many instances, these requirements have helped in
breeding corruption as many migrants are hardly in a position to provide the complete list,
hence, the need to pay bribes to make up for unavailable documents. All migrants willing to
work and reside in Ghana are expected to provide a police report from their home country as
part of the requirements in the process. Unfortunately, many of these migrants are hardly in a
position to obtain such documents from their home countries. As a consequence, this has
favoured corrupt practice among migrants and immigration officials.
Refugee migrants are another set of community citizens that have been gravely affected by
poor enforcement of the right to residence in Ghana. For the most part, this category of
migrants have suffered abuses resulting from the non-respect of the ECOWAS Protocol and
other international instruments. A case in point is what happened to the Liberian refugee
community in Accra, in 2008.
Liberians account for a major population of the refugee community in Ghana. Following the
two civil wars that occurred in Liberia from 1989–1996 and from 1999–2003, a good number
of Liberian sort refugee status in Ghana. Most of these refugees are still hosted at the
Buduburam Refugee Camp, located some twenty seven miles West of Accra.
60
The camp was originally intended to cater for 8,000 Liberian refugees; however the number
of occupants have increased to over 35,000 and is composed not only of refugees who fled
Liberia during the civil wars but also of refugees from Togo, Cote d‘Ivoire, Sudan and Sierra
Leone.
On February 19, 2008 the female refugees at the Buduburam Camp began a sit-in protest.
Two reasons were advance for the protest. Firstly, the refugees were not satisfied with the
token five US dollars and later on one hundred US dollars for adults, and fifty US dollars for
minors, that was being offered by the United Nations High Commission for Refugees
(UNHCR) for their voluntary repatriation to Liberia and; the refugees were protesting
against proposals from the government of Ghana that they should reintegration/assimilation
into Ghanaian communities.
The protest lasted for a month and ended on March 17, 2008 following the arrest and
detention of over six hundred and fifty refugee women and children on the grounds that their
actions contravened Ghana‘s Public Order Act of 1994 which prohibits such public
demonstrations without an authorisation from the police. By March 23, 2008, sixteen (16)
Liberian refugees, thirteen (13) of whom were registered with UNHCR in Ghana had been
deported to Liberia as a result of the demonstration.
Further, on April 26, 2008, an additional twenty-three (23) women and children were
deported to Liberia following the protest on the grounds that they were ‗public security risks‘.
In ordering their deportation, the courts indicated that the detainees could not be classified as
refugees and that they had no identification that conferred the status of refugee on them.
Further, their detention by law enforcement agents was supported by the courts as a necessary
measure to prepare for their eventual deportation.
Following these development, many civil society organisations including the Common
Wealth Human Rights Initiative (CHRI) indicated that the government of Ghana failed to
protect the rights of community citizen to reside in the country.
The situation of the Liberian women was a clear drive from the spirit of the ECOWAS
protocol which seeks to establish a borderless West Africa where community citizens and
member states can relate on mutual terms and share challenges and gains. Contrary to the
spirit of the protocol, the government of Ghana invoked the cessation clause of the 1951
Refugee Convention to force the UN Refugee Agency to close operations for close to 26, 000
Liberian refugees at Buduburam Camp.
Stories are bound of refugees and other community citizens who have gone through similar
frustrating circumstance in the country as a result of poor enforcement of the ECOWAS
protocol. Some complains include unnecessary delays in the renewal of residence permits and
xenophobia against nationals from a particular some member states.
Community citizen have underscored the lack of an appropriate mechanism to redress
grievances resulting from the non-enforcement of the provision of the ECOWAS protocol,
especially the right to residence, as a major challenge. This gap has been well exploited by
member states to the disadvantage of migrants.
61
C. Enforcement of the Right to Establishment
The right to establishment has been defined by the ECOWAS Protocol as the right granted to
a citizen who is a national of one Member state to settle or establish in another Member state
other than his State of origin, and to have access to economic activities, to carry out these
activities as well as to set up and manage enterprises and, in particular, companies under
conditions defined by the legislation of the host Member state for its own nationals.
The above definition highlights some key requirement that must exist for the right to
establishment to be fully enjoyed. These include:
The individual must be a citizen of an ECOWAS Member state;
Must be willing to settle/establish an economic activity in another Member state; and
Member states must set the same standards for both community citizens and their
nationals.
The first two requirements do not pose a challenge. The main challenge to the enforcement of
the right to settlement in Ghana has been linked to the third requirement. The government of
Ghana in many respects does not provide the same platform for settle to community citizens
as it would for Ghanaians. There are lots of disparities between what is required of
community citizens and what is required of nationals to settle or establish in Ghana.
There are no special provisions for ECOWAS nationals under Ghanaian laws to facilitate
their right to establishment in the country. As with other nationals, any community citizen
willing to work in Ghana must acquire a work permit from Ghana Immigration Service. Key
among required documents to be submitted at the immigration service as part of the
application process are:
Profile of the migrant‘s prospective place of work;
Information on the number of foreigners and Ghanaians workers in the entity;
Details on prospective employee;
Position to be held, intended start and finish date and the salary to be received;
Why a Ghanaian is not being employed;
Qualification and exceptional skills the person possess; and
Plans to train a Ghanaian to replace the foreigner;
62
One point that is of particular importance to the subject is the section on the work permit
application where the government of Ghana requires justification for the employment of a
non-Ghanaian. Many community citizens view such a requirement as a manifestation of
protectionism and unwillingness to fully enforce the ECOWAS Protocol, especially, the right
of establishment.
In addition, the requirement to show plans that a Ghanaian will be trained to replace the non
national worker is in contravention to the spirit of the protocol. This is a constant reminder to
community citizens that they are strangers in the country.
Non enforcement of the right of establishment is also manifested in the procedure to carry out
business and the types of businesses community citizens are authorised to undertake. For
instance, there are different fees to be paid by Ghanaian and community citizens who want to
set up businesses in the country. Further, community citizens are prohibited from engaging in
some types of business ventures such as sole proprietorships.
The main kind of commercial activities that community citizens are permitted to operate is a
Limited Liability Company. This is a form of business that involves the registration of
between two to fifty (2-50) shareholders. To set up a Limited Liability Company, the law
provides two options for foreigners. The company could either be registered as a trading
entity or as a service providing entity. However, the law sets different criteria for Ghanaian
and community citizens in terms of start-up capital that is required for the commencement of
business. While foreigners are required to have three hundred thousand US dollars (USD 300,
000), Ghanaians are required to have five hundred (500) Ghana Cedis as start-up capital to
establish a limited liability company for trading.
Further, if a community citizen wishes to set up a Limited Liability Company that will sell
services to the public, he or she is required to have a start up capital of at least fifty thousand
US dollars (USD 50, 000). Meanwhile, if a Ghanaian were to start the same kind of venture,
he or she will need a start-up capital of five hundred (500) Ghana cedis.
This is a clear deviation from the provisions of the ECOWAS Protocol which calls on
Member states to set the same standards for their nationals and community citizens who want
to undertake business activities in any member state.
Many community citizens consider these disparities as discriminatory because Ghana is a
member state of ECOWAS and is signatory to the protocol on free movement, residence and
establishment. Citizens have raised the need for a mechanism where such structural
challenges to the smooth implementation of the protocol can be redressed.
63
Conclusion and Recommendations
Migration is a global phenomenon. It has been defined as the movement of people either
within their national territories (internal migration) or out of their national territories
(international migration). From the above definition, it follows that migration is a global
phenomenon. According to the International Organization for Migration (2008), one out of
every thirty-five persons in the world is a migrant. Further, the increasing number of people
migrating makes migration one of the greatest global challenges of the twenty-first century.
The African continent has gone through different migratory movements for centuries. The
peoples of the continent have continued to migrate for years in response to natural, social,
cultural, political, economic and demographic factors. Similarly, West Africans have
migrated for centuries in search of jobs, escaping from disasters, poor economic and political
conditions. In many parts of the sub region, wide spread unemployment and instability has
stalled sustainable development and prompted waves of migration.
Ghana is both a sending and a receiving state of international migrants. Pull and push factors
are responsible for the movement of people in and out of the country. The major pull factors
that have attracted migrants to Ghana include peace and relative stability, stable supply of
power, education, employment and business opportunities. Push factors responsible for the
movement of people out of the country include economic hardship and the search for
employment, business and education opportunities.
Migration in Ghana has both positive and negative effects on the country. The negative
effects of migration include the use of illegal and irregular routes by clandestine migrants, the
trafficking of drugs and humans in and out of the country, brain drain and the depletion of
skilled workers in some professional domains.
The positive contributions of migration include remittances from Ghanaian migrants living
abroad, the creation of employment opportunities by return migrants, and increases in the
manpower of the nation by immigrants working in the country.
Considering the negative and positive effects of migration, the government of Ghana has
adopted laws to regulate the movement of migrants into and out of the country. These laws
include regulations for the protection of migrants and prevention of human trafficking. In
addition to these laws, the government has also ratified some international instruments aimed
at protecting the rights of migrants and to facilitate free movement.
At the sub regional level, there is consensus that a well managed migration policy and the
free movement of persons and goods among West African States would be mutually
beneficial to Member states and their citizens. In this regard, the Authority of Heads of State
and Government signed the ECOWAS Protocol on the free movement of persons, residence
and establishment as a step in the direction of promoting migration and free movement in the
sub region.
This Protocol spells out the general principle for the free movement of community citizens in
the sub region by guaranteeing their right of entry into any member state without visas. Other
64
rights established under the Protocol include the rights of community citizens to reside and
establish businesses in any country within the sub region.
As an ECOWAS member state and as a party to the Protocol, the government of Ghana has
been working to ensure the free movement, residence and establishment of West African
citizens in the country. Measures put in place to guarantee the free movement of community
citizens include the abolition of entry visa for West Africans, the establishment of a national
committee to monitor the implementation of the Protocol and the creation of specialised units
to deal with specific aspects of migration. For example, the Ghana Refugee Board.
In spite of these moves geared at facilitating the free movement of West Africans in and out
of the country, community citizens still face numerous challenges with regards to migration
in Ghana. Challenges identified by community citizens in their attempt to move in and out of
the country include bribery and corruption, communication problems and difficulties in
obtaining travel documents such as passports.
The right of residence has not been respected as intended in the protocol. The enforcement of
this right has been ad hoc and weak. The case of the Liberian refugees who were repatriated
from the country in 2008 epitomises this discrimination in enforcement of the law.
National laws on investment do not resonate with the provisions of the protocol. Citizens
from ECOWAS member states are treated differently from nationals with regards to setting
up businesses. While nationals are required to pay comparatively small sums of money to
start up businesses in the country, community citizens from other ECOWAS member states
are expected to hold comparatively huge amounts before setting up business.
Other identified challenges to the full implementation of the Protocol on free movement in
Ghana include the low level of awareness on the Protocol by community citizens and the
existence of human traffickers and illegal migrants in the sub region. These challenges are
hindrances to the full implementation of the Protocol by law enforcement officials.
Further, these challenges reveal lapses on the part of different stakeholders including
migrants, government agencies, civil society organisations and ECOWAS to sensitise
community citizens and other relevant stakeholders on the protocol.
To solve these problems, it will require specific actions by each of these actors aimed at
raising awareness on the Protocol and to foster collaboration among relevant stakeholders in
promoting free movement in the sub region.
Importantly, the government needs to adopt counter measures to combat brain drain and
irregular migration. Relevant policies and actions must be put in place to encourage highly
skilled Ghanaians to work in the country. Also, there is a need to foster partnership and
collaboration with all stakeholders in the campaign against irregular migration. Though
campaigns are encouraged as a means of deterring potential irregular migrants, job creation
for the youth and an enabling environment for investment will provide a more lasting
solution.
65
Recommendations
Specific actions by the following stakeholders will foster the implementation of the
ECOWAS protocol and improve upon migration into and out of Ghana:
ECOWAS
There is a need to strengthen the capacities of civil society organisations to raise
awareness on the relevant Protocol on free movement;
Support the government of Ghana through training programmes for law enforcement
agents and other relevant government officials on the Protocol;
Collaborate with the government of Ghana and civil society organisations in
developing monitoring guidelines to gauge on annual basis, the implementation of the
provisions of the Protocol in the country; and
Establish a mechanism where community citizens can seek for redress when a
member state fails to respect the protocol.
Government of Ghana
Collaborate with ECOWAS and other development partners in raising awareness on
the Protocols within the appropriate departments of government;
Support local community initiatives especially in border areas aimed at raising
awareness on migration and free movement;
Simplify the requirements for the acquisition of work and residence permit;
Facilitate the issuing of passports to citizens living far from the capital;
Set the same standards for nationals and other community citizens willing to engage
in income generating activities in the country; and
Broaden partnership with relevant international bodies and civil society organisations
to reduce the practice of irregular migration.
Civil Society Organisations (CSO)
Create awareness on the Protocol among community citizens;
Engage different border users with law enforcement official in dialogues aimed at
creating solidarity in the implementation of the Protocol; and
Partner with government and relevant development partners in observing the
implementation of aspects of the protocol.
66
Photo Gallery
Border Trader at Aflao Border users from Ghanaian side
Some border users from Togo Togolese refugees with their Ghanaian hosts in the Aflao
region. © UNHCR/N.Jehu-Hoyah
Truck transit park at Aflao Border gate between Ghana and Togo
Togolese buyer returning home from Ghana Ghanaian buyers returning home from Togo
67
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ECOWAS Revised Treaty of July 24, 1993.
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Stephen Grey (2006) ―Creating a conducive environment for diaspora contributions: The
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Takyiwaa Manuh, (2006) ―Ghana Migration Profile‖, A Consultancy Report Prepared for the
Ministry of Finance and Economic Planning, Institute of Migration Studies, University of
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69
List of Institutions Working on Migration in Ghana
Name of Institution Contact Address
1. International Organization for
Migration (IOM)
www.iom.int
2. Young People We Care (YPWC) www.ypwc.org
3. Regional Institute for Population
Studies
www.ug.edu.gh
4. Centre for Migration Studies,
University of Ghana
www.cmsgh.org
5. United Nations Development
Programme (UNDP)
www.undp-gha.org
6. Ministry of Manpower and Labour www.ghana.gov.gh/ministry_of_manpower_
youth_employment
7. Ministry of Interior www.mint.gov.gh
8. Ghana Immigration Service www.ghanaimmigration.org
9. Ghana Statistical Service
10. National Population Council
11. Institute of Statistical, Social and
Economic Research (ISSER),
University of Ghana
www.ug.edu.gh
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